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Age for child instructing own solicitor

Age for child instructing own solicitor

Postby kiama on Mon Jun 01, 2009 10:12 pm

Can anyone tell me at about what age it might be accepted by a court that an above average intelligent child could dismiss his/her Guardian, and be able to directly instruct his/her own solicitor?
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Postby mobaldy2005 on Mon Jun 01, 2009 10:46 pm

it depends, the child would be classed as Gillick Competent, usually 11 years old.

The child must show that they understand all that is happening in their life.

It is easier than you think
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Postby cptntacredi on Tue Jun 02, 2009 11:44 am

A CASE RECENTLY WAS AT 10 3/4.

There are two appeal judgements on this for case law (they bind the lower courts). Cite these;-

Re H (A Child) [2008] EWCA Civ 1245 (25 September 2008)
Mabon v Mabon [2005] EWCA Civ 634

The second is important as it deals with dismissing the Guardian and says if the relationship between the Guardian and the child breaks down the court MUST dismiss the Guardian.

Also it should be heard in the High Court as a Child's application and not by the bozzos in the Family Court.
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Postby janeja on Sat Aug 22, 2009 1:22 pm

i don't believe that the justice system is equipped for fairness. The High cort, Court of Appeal - the same unlawful acts continue even though there is concrete proof of unlawful parctice.

The system will always protect its own. A Guardian cannot be dismissed - they use a defense that when a child voices their unhappiness of the gal's work, then this voice is acquired from a 'hostile parent'.

Children's Act is one thing - practice and implementation is another.
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Re: Age for child instructing own solicitor

Postby dormammau1886 on Tue Nov 03, 2009 7:23 pm

so how do you get your child looked at to pove they know about the case??? then seeing the court and s s and gardion caf cass wont work in that way??????
who makes that chice cos we know the children know whats going on and they should have a voice in the next court,,,, advice plz dorm :D
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