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Report No. 83

1.16. Independent legal representative.-

As to the separate representation of children, there is vast and expanding scholarly material in the United States calling for the appointment of a child advocate or counsel for the child in contested cases.1-2 Separate legal representation of children has been suggested3 on the ground that the earlier the attorney is appointed in a contested custody case where a real dispute is apparent, the more effectively can the principles be put into practice. Recently, in England, in regard to certain "care proceedings",4 the Court has been given a power to appoint a person to represent the interests of a child.5

1. Goldstein and others Beyond the Best Interests of the Child, (193), p. 66.

2. Note Lawyering for the Child, (1978 May) 87 Yale LJ 1126.

3. Statutory references collected in Note Lawyering for the child, (1978 May) 87 Yale LJ 1126, footnote 8 (19 jurisdictions using the term "attorney or counsel for the child" and 5 jurisdictions using the term "guardian ad litem").

4. Note Lazvyering for the Child, (1978 May) 87 Yale LJ 1126.

5. Section 64, Children Act, 1975, inserting section 32A in the Children and Young Persons Act, 1964.

6. See also Alec Samuels Children's Advocate, 1977 NLJ 133.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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