sec.235Separate legal representation of child

### sec.235 Separate legal representation of child This section applies in a proceeding on an application for an order under this Act. If the Childrens Court considers it is in the child’s best interests for the child to be separately represented by a lawyer, the court may— order that the child be separately represented by a lawyer; and make the other orders it considers necessary to secure the child’s separate legal representation. Without limiting subsection (2) , the court must consider making orders about the child’s separate legal representation if— the application for the order is contested by a birth parent; or the child opposes the application; or the application for the order is made under part 9 , division 4 ; or the court considers the child may be a child in need of protection under the Child Protection Act 1999 , section 10 . The lawyer must— act in the child’s best interests regardless of any instructions from the child; and as far as possible, present the child’s views and wishes to the court. In this section— child means— the child whom it is proposed to adopt; and any birth parent who is not an adult. s 235 amd 2010 No. 5 s 248 sch 3 ; 2014 No. 28 s 105 sch 1 (sec.235-ssec.1) This section applies in a proceeding on an application for an order under this Act. (sec.235-ssec.2) If the Childrens Court considers it is in the child’s best interests for the child to be separately represented by a lawyer, the court may— order that the child be separately represented by a lawyer; and make the other orders it considers necessary to secure the child’s separate legal representation. (sec.235-ssec.3) Without limiting subsection (2) , the court must consider making orders about the child’s separate legal representation if— the application for the order is contested by a birth parent; or the child opposes the application; or the application for the order is made under part 9 , division 4 ; or the court considers the child may be a child in need of protection under the Child Protection Act 1999 , section 10 . (sec.235-ssec.4) The lawyer must— act in the child’s best interests regardless of any instructions from the child; and as far as possible, present the child’s views and wishes to the court. (sec.235-ssec.5) In this section— child means— the child whom it is proposed to adopt; and any birth parent who is not an adult. - (a) order that the child be separately represented by a lawyer; and - (b) make the other orders it considers necessary to secure the child’s separate legal representation. - (a) the application for the order is contested by a birth parent; or - (b) the child opposes the application; or - (c) the application for the order is made under part 9 , division 4 ; or - (d) the court considers the child may be a child in need of protection under the Child Protection Act 1999 , section 10 . - (a) act in the child’s best interests regardless of any instructions from the child; and - (b) as far as possible, present the child’s views and wishes to the court. - (a) the child whom it is proposed to adopt; and - (b) any birth parent who is not an adult.