Litigation guardians in restraining order matters fact sheet
This fact sheet gives an overview of the role of litigation guardians in restraining order matters at the Children's Court of Western Australia.
If you have further questions or are unsure about anything in this fact sheet, you should seek legal advice.
1. What is a litigation guardian?
A litigation guardian is an adult who 'conducts' a court case on behalf of another person who:
- is under 18 years of age (a child); or
- has a disability that prevents them from managing the case.
In the Children's Court, a litigation guardian will usually be a parent or guardian who acts on behalf of their child.
2. When is a litigation guardian needed?
When a child is a party in a restraining order case, they may need a litigation guardian.
A 'party' is either:
- the applicant (the person applying for the restraining order); or
- the respondent (the person a restraining order is sought against).
A litigation guardian is not required when an adult applies for a restraining order on behalf of a child who needs protection, because the adult is the applicant. However, a litigation guardian may be required if the application is made by a child.
The requirement for a litigation guardian does not apply to criminal cases.
In some situations, the court may decide that a child does not need a litigation guardian. When making that decision, the court will consider the circumstances of the case, including whether the child is represented by a lawyer.
3. Role and responsibilities of a litigation guardian
The role of a litigation guardian is an important one. A litigation guardian makes the decisions in the case that the child would otherwise need to make and manages the case on the child's behalf. This includes taking on responsibilities such as:
- filing court documents;
- attending court when required;
- giving instructions to lawyers (if lawyers are involved); and
- understanding the issues in the case and the options available.
While acting as a litigation guardian, a person must always act in the best interests of the child. A litigation guardian should also assist the Court to ensure the case is dealt with fairly and efficiently. This means a litigation guardian should:
- consult with the child and keep them informed;
- act honestly and avoid conflicts of interest;
- protect the child's privacy and keep their information confidential; and
- comply with any directions made by the court.
Only one person may act as a child's litigation guardian in a proceeding at any given time. Where more than one parent or guardian is involved in the child's care, a single person must be nominated to act as the litigation guardian.
4. How do you become a litigation guardian?
You do not need to apply to the court to become a litigation guardian. However, you must formally notify the court as soon as possible that you are acting as a litigation guardian.
To do this, you must file and serve an affidavit that:
- confirms that the person you are acting for is a child;
- explains your relationship to the child;
- confirms that you agree to act as the child's litigation guardian; and
- confirms that you are not under a legal disability and do not have an interest in the case that conflicts with the child's interests.
If the child is 14 years of age or older, you must also file and serve an affidavit from the child confirming that they consent to you acting as their litigation guardian.
If you attend the Children's Court Registry in person, Registry staff can provide template affidavits to assist you in completing these documents.
5. When does a litigation guardian's role end?
A litigation guardian will usually stop acting in that role when the court case is finalised.
The role may also end if:
- the person they represent no longer requires a litigation guardian, for example if a child turns 18 before the proceedings are completed; or
- the court appoints a different person to act as litigation guardian.
Importantly, acting as a litigation guardian in one case does not automatically mean you are a litigation guardian in any other case involving the same child.
6. Can a litigation guardian be required to pay costs?
In some circumstances, a litigation guardian may be personally liable for legal costs.
'Costs' are expenses associated with a court case, such as lawyers' fees and court filing fees. The court may order one party to pay some or all of another party's costs.
Whether a litigation guardian may be required to pay costs will depend on the circumstances of the case. If you would like more information about the possible costs consequences of acting as a litigation guardian, you should seek legal advice.
Last updated: 26 August 2026