In re Q v [2011] JLR 147 (11 March 2011)
- Citation
- [2011] JLR 147
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Care Proceedings / Legal Representation Dispute
More details
- Posture
- Care Proceedings / Legal Representation Dispute
On this page
Professional case brief
Research organized from the available case record
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
ChildGuardian
Guardian03
Procedural history
Posture
Care Proceedings / Legal Representation Dispute
04
Questions and positions
Legal issues
- 01
Whether a child in care proceedings can instruct an advocate independently when there is a difference of opinion with the guardian
- 02
Criteria for determining if a child is of sufficient understanding to instruct an advocate
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
Legal principles
- 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.
- 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
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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