Bill To Amend Children Act 1998 To Be Tabled

November 29, 2018

[Updated] The Ministry of Legal Affairs will be tabling a Bill on Friday to “amend the Children Act 1998 with regard to litigation guardians, “Attorney General Kathy Lynn Simmons said.

Minister Simmons said, “The Bill seeks to remove ambiguity concerning the appointment of litigation guardians and strengthen the existing framework that assigns a litigation guardian to children whose custody, care or control is before the Courts.”

“The new framework establishes a licensing regime for litigation guardians. This regime will require persons wishing to be appointed as litigation guardians to possess relevant qualifications and submit applications to the existing statutory Child Care Placement Board. The Board, whose remit will be expanded, will review applications and issue a license.”

“A person who is granted a license will be added to a register of licensed litigation guardians to be established and maintained by the Minister of Legal Affairs. The Court will appoint persons from the register to represent the interests of children. Provision is also made for remuneration of the litigation guardian. The amendments will also provide structure with regard to the appointment and remuneration of Counsel.”

Minister Simmons added: “Our responsibility is to establish and implement a legal framework that will protect and advance the interests of our most vulnerable citizens – our children.”

Update: The Children Amendment Act 2018 follows below [PDF here]:

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