B v J [2008] JRC 102 (23 June 2008)

B v J [2008] JRC 102 (23 June 2008)

The costs of the children's representative should ordinarily be paid out of public funds to ensure independent representation and protect the welfare of the child, given the statutory framework and policy considerations.

Citation
[2008] JRC 102
Parties
Children's Representative: Mr Hanson; Requesting Authority: Deputy Bailiff; Public Funds Representative: Attorney General
Jurisdiction
Jersey
Judgment Date
23 June 2008
Procedural Posture
Family Proceedings / Costs Determination
Outcome
Costs of the children's representative to be paid out of public funds on the indemnity basis.
Legal Topics
Appointment of Children's Representative, Costs in Family Proceedings, Legal Aid
Family Law Child Welfare Appointment of Children's Representative Costs in Family Proceedings Legal Aid

Case Brief

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Parties

Mr Hanson

Children's Representative

Deputy Bailiff

Requesting Authority

Attorney General

Public Funds Representative

Procedural Posture

Family Proceedings / Costs Determination

Legal Issues

  1. 1 Who should bear the costs of the children's representative in family proceedings?
  2. 2 Should costs be paid out of public funds or by parents?

Ratio Decidendi

The costs of the children's representative should ordinarily be paid out of public funds to ensure independent representation and protect the welfare of the child, given the statutory framework and policy considerations.

Court Disposition

Costs of the children's representative to be paid out of public funds on the indemnity basis.

Orders

  • Costs order to be effective in four weeks to allow Deputy Judicial Greffier and Attorney General to make representations.