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Keeping Children and Parents in Contact since 1974
Solicitor Listings
Whilst Families Need Fathers does not endorse particular firms or individuals, we do provide a small listing of solicitors' firms and other organisations/individuals offering advice services which may be of use - click here.
Choosing and Using a Solicitor
Have you seen 'Choosing and Using a Solicitor'? Our essential guide to choosing and using a solicitor during family court proceedings by Richard Gregorian, Family Solicitor. Includes sections on 'Why use a solicitor?', choosing a solicitor and managing your solicitor.
Now available in the FNF Shop.
Official Solicitor
The Official Solicitor represents children in civil cases (when no other suitable person or agency can do so) to safeguard the child's welfare or property. The appointment is usually made by the court. The Official Solicitor (NB not an individual but a department) may act 'himself' or instruct a firm of solicitors to act on 'his' behalf.
Most of the work of the Official Solicitor is in wardship, adoption and Children Act 1989 cases in the High Court, with some in the County Court (never in the Family Proceedings Court). His main duty is to represent the child and to convey his/her views to the court (this may involve consultation with a psychiatrist, psychologist or paediatrician) and he may act instead of a Guardian ad Litem in some cases. The court may only invite the Official Solicitor to accept a case - he may refuse after consideration of the court file. The Official Solicitor only operates in England and Wales.
The circumstances in which the Official Solicitor should be invited to act are governed by the Practice Note [1995] 2 FLR 479, which limits his involvement to cases where the court feels that the child ought to have party status and be separately represented, or where the case involves 'exceptionally difficult, unusual or sensitive issues'.
For example, where a DNA test is required to establish paternity and the mother refuses to consent the High Court may "make a direction under section 20 of the Family Law Reform Act 1969 for blood samples to be taken, order the delivery of the child into the care and control of the Official Solicitor and grant him permission to consent to the taking of a blood sample on the child's behalf" (Re (Minor)(Blood Tests: Constraint)[1998] 2 WLR 796).
The Official Solicitor has unusual status - in his own words "It is probably a contempt of court to interfere with an investigation by the Official Solicitor". In his guidance leaflets to parent the Official Solicitor also states that "the courts require very good reasons for denying a child contact with the parent they no longer live with". It should be noted that that the Official Solicitor often appears to go to great lengths to supply those reasons.
For more information see the Official Solicitor website.
Updated 29-02-2000