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S.L. 16.20 · Family Court Proceedings Regulations (S.L. 16.20)

S.L. 16.20 Art. 19Mediation procedures.

PART V

In KraftAmtlicher Text

(1) Before granting authorisation to institute proceedings for personal separation or divorce, the Court shall summon the parties to appear before a mediator, who shall schedule not less than six (6) sessions within a maximum period of eight (8) months, which period may be extended for a maximum of four (4) months, either by agreement between the parties or by order of the Court for a valid reason upon the request of any party or the mediator. The mediator may be appointed either by the Court or by mutual consent of the parties.

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(2) Where the Court considers it necessary, or upon the request of the mediator or either spouse, it may appoint a Children’s Advocate to represent the interests of minor children as guardian ad litem as defined in Part IV, who shall attend hearings and make submissions in accordance with regulation 15:

*Not yet in force. Provided that if at any stage of the mediation, the parties agree to sign a contract of consensual personal separation or to file a joint application for divorce, they shall proceed in accordance with regulation 40.

(3) Upon the request of any party to the proceedings or the Children’s Advocate, the Court may, at any stage of the mediation, appoint a support person as a court expert in accordance with the provisions of regulation 6.

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(4) The decision to nominate a Children’s Advocate appointed by the Court at any stage of the proceedings, shall be communicated to the Legal Aid Agency by the Court Registrar and the said Agency shall file a note indicating the name of the appointed Children’s Advocate who shall assist in the proceedings.

(5) There shall be a Children’s Advocate assigned to all the children in each case throughout the proceedings however, where the Court considers that there may be a conflict of interest in cases involving more than one child, the Court may order the Legal Aid Agency to appoint more than one Children’s Advocate as may be required.