Section 89 Child’s Right Act

Section 89 Child’s Right Act 2003 is about Appointment of guardian ad litem. It is under Part IX (Guardianship) of the Act.

(1) The Court may, for the purpose of any specified proceedings, appoint a guardian ad litem for the child concerned to safeguard the interests of the child, unless it is satisfied that it is not necessary, to do so.

(2) The guardian ad litem shall‐
(a) be appointed in accordance with the Rules of Court ; and
(b) be under a duty to safeguard the interests of the child in the manner prescribed by those rules.

(3) Where‐
(a) the child concerned is not represented by a legal practitioner; and
(b) any of the conditions mentioned in Subsection (4) of this section is satisfied, the Court may appoint a legal practitioner to represent the child.

(4) The conditions under which an appointment may be made under Subsection (3) of this section are that ‐
(a) no guardian ad litem has been appointed for the child;
(b) the child has sufficient understanding to instruct a legal practitioner and wishes to do so;
(c) it appears to the Court that it would be in the best interest of the child for him to be
represented by a legal practitioner.

(5) A legal practitioner appointed under or by virtue of this section shall represent the child in accordance with the Rules of Court.

(6) Notwithstanding any enactment or rules of law to the contrary, the Court may take account
of‐
(a) any statement contained in a report made by a guardian ad litem who is appointed under this section for the purpose of the proceedings in question; and
(b) any evidence given in respect of the matters referred to in the report, in so far as the
statement or evidence is, in the opinion of the Court, ‐relevant to the question which
the Court is considering.