In re Q v [2011] JLR 147 (11 March 2011)
The court must determine both the child's understanding and whether separate representation is contrary to welfare, emphasizing the growing importance of the child's autonomy in such decisions.
- Citation
- [2011] JLR 147
- Parties
- Child: Q; Guardian: Guardian
- Jurisdiction
- Jersey
- Judgment Date
- 11 March 2011
- Procedural Posture
- Care Proceedings / Legal Representation Dispute
- Outcome
- Guidance issued on legal representation of children in care proceedings.
- Legal Topics
- Children, Legal Representation, Care Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Q
Child
Guardian
Guardian
Procedural Posture
Care Proceedings / Legal Representation Dispute
Legal Issues
- 1 Whether a child in care proceedings can instruct an advocate independently when there is a difference of opinion with the guardian
- 2 Criteria for determining if a child is of sufficient understanding to instruct an advocate
Ratio Decidendi
The court must determine both the child's understanding and whether separate representation is contrary to welfare, emphasizing the growing importance of the child's autonomy in such decisions.
Court Disposition
Guidance issued on legal representation of children in care proceedings.
Full Case Text
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