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Court Procedures Rules
6435Service on children
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6435 Service on children
served on a child for a proceeding must be served instead on the
person who is the child’s litigation guardian for the proceeding.
Note The Legislation Act, dict, pt 1 defines child as an individual who is under
18 years old.
(2) If the child does not have a litigation guardian for the proceeding, the
document must be served instead on—
(a) if the child is at least 16 years old—the child; or
(b) the child’s parent or guardian; or
(c) if there is no parent or guardian—
(i) an adult who has parental responsibility for the child under
the Children and Young People Act 2008; or
Rule 6436
(ii) if there is no-one under subparagraph (i)—an adult who
otherwise has care of the child or with whom the child
lives.
document, personal service of the document on a person (including
the child) under subrule (1) or (2) is taken to be personal service on
the child.