Jersey Judgment

In re Q v [2011] JLR 147 (11 March 2011)

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Source document

01

Holding and result

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.

02

Material facts

Parties

Q

Child

Guardian

Guardian

03

Procedural history

  1. Posture

    Care Proceedings / Legal Representation Dispute

04

Questions and positions

Legal issues

Party arguments

Applicant
The child seeks independent legal representation due to a difference of opinion with the guardian.
Respondent
The guardian contends that the child should not have separate representation unless the child is of sufficient understanding and it is not contrary to the child's welfare.

05

Court’s reasoning

  1. 01

    [2011] JLR 147

    Court must consider if the child is of sufficient understanding to instruct an advocate independently, i.e., able to understand proceedings and give coherent instructions.

  2. 02

    [2011] JLR 147

    If the child is of sufficient understanding, the court must then consider whether separate representation would be contrary to the child's welfare, taking into account the increasing importance of the child's autonomy.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The increasing importance of the child's autonomy should be considered in care proceedings involving legal representation.

Court disposition

Guidance issued on legal representation of children in care proceedings.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 147

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BAILII >> Databases >> Jersey Law Reports >> In re Q v [2011] JLR 147 (11 March 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110147.html Cite as: [2011] JLR 147 [ New search ] [ Help ] In re Q v 2011 JLR 147 (11 March 2011) Family Law-children-legal representation-if difference of opinion between child and guardian in care proceedings, court to consider (i) whether child of sufficient understanding to instruct advocate independently (i.e. able to understand proceedings and give coherent instructions); and (ii) if so, whether separate representation contrary to child's welfare-court to consider increasing importance of child's autonomy The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 147 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110147.html

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Authorities

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[2011] JLR 147

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