Independent representative for child represented if it will be in the best interest of the child

The general rule is that the court will appoint an independent representative for a child if it will be in the child’s best interests. There are specific situations which would require independent legal representation for the child. These are when:

• there are allegations of child abuse whether physical, sexual or psychological
• there is an apparently intractable conflict between the parents
• the child is apparently alienated from one or both parents
• there are real issues relating to cultural or religious differences affecting the child
• the sexual preference of either or both of the parents or some other person having significant contact with the child is likely to impinge upon the child's welfare
• the conduct of either or both of the parents or some other person having significant contact with the child is likely to impinge upon the child's welfare
• there are issues of significant medical, psychiatric or psychological illness or personality disorder in relation to either party or a child or other persons having significant contact with the children
• on the material filed by the parents, neither seems a suitable custodian
• a child of mature years is expressing strong views, giving effect to which would involve changing a long standing custodial arrangement or a complete denial of access to one parent
• one of the parties proposes that the child will be either permanently removed from the jurisdiction or permanently removed to such a place within the jurisdiction as to greatly restrict or for all practicable purposes exclude the other party from the possibility of access to the child
• it is proposed to separate siblings
• none of the parties are legally represented and custody is at issue
• in applications to court's welfare jurisdiction relating in particular to the medical treatment of children the child's interests are not adequately represented by one of the parties