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Rule 9.5: Triumph of Childrens Rights or Waste of Resources?

Date:20 OCT 2005

Gill Timmis, Childrens Guardian and Social Work Consultant. Rule 9.5 is the process by which a child subject to private family proceedings attains party status and the ability to take a pro-active stance in the court forum, through representation by a guardian ad litem and a solicitor. Gill Timmis considers the regional disparity in the use of r 9.5 and the President's directions from April 2004 and February 2005. The author speaks from her own perspective as a NYAS caseworker, appointed as guardian in a dozen cases in the South East in the last 2 years. She thinks there are several reasons for making a child a party under r 9.5 in certain circumstances and provides three examples of when r 9.5 has proved, in her opinion, useful. See November [2005] Fam Law 894 for the full article.

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