Posted by Kirsty Thyer on 16th July 2019
Last updated 30th May 2023


If proceedings are brought by the local authority (known as “care proceedings”), your child will automatically be a party to the proceedings. It is more unusual for a child to be made a party in private law proceedings (such as in disputes as to where a child should live or who the child should see).

If your child is a party to the Court proceedings, a Children’s Guardian will be appointed to represent them by CAFCASS who will instruct a solicitor to act for your child. The solicitor will usually take instructions from the Children’s Guardian. However if your child disagrees with their Children’s Guardian and the solicitor considers that they are competent to instruct them direct, that solicitor will then take instructions direct from your child. There is no specific age when this could happen but it would be very unusual for a child under 12 to demonstrate that they have sufficient understanding.

Need some advice? Get in touch today

Kirsty Thyer is a Solicitor and Director at The Family Law Company. She specialises in dealing with complex cases involving injuries to children and has experience in taking cases up to the Court of Appeal. She has also been member of the Law Society’s Children Panel since 2008.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The information submitted here is used and stored for the purpose of replying to the enquiry. For more information on how we process data please visit our Privacy Policy.

Information Articles

+ More Blog Articles
Would you like to speak to someone? Find out how to get in touch...