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Legal matters

Guardian

7 replies

ilovemilton · 07/04/2014 20:37

We had a finding of facts hearing in March into domestic violence and physical abuse towards the children. The finding of facts did not actually go ahead as there was not enough evidence and we had to agree instead to have a guardian in place.

The next hearing is on Thursday and my solicitor state as that the guardian has written their report and the court will make their directions into contact from this.

I'm confused as to how they have written a report...cafcass haven't been involved in court as yet, and no one has met the children. I have not met or spoken to the guardian at all. I don't understand how they have made their recommendations without speaking to us.

The children are adamant they will not see their father, there has been no contact for over 18 months and my son is stating he will run away if they make him see him. None of this has been heard by anyone!

Can anyone tell me if this is right and what will happen next? Will the children be given the chance to speak?

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Redirected · 08/04/2014 12:28

I have nothing to offer as advice, but did want to bump this for you.

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wellcoveredsparerib · 08/04/2014 18:48

If the guardian had written their report you should have seen a copy via your solicitor. You will probably get a call from guardian wanting to make a short notice appointment to see you and the children before Thursday. They have v high caseloads and often work very close to or go over deadlines.

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ilovemilton · 09/04/2014 10:18

I have now spoken to the guardian by phone. She said she had read the court bundle and written her report. She basically told me contact will be going ahead regardless of what the children say. She will not be speaking to the children as she has no concerns. The children made allegations of physical abuse, but as they only told myself and a psychologist, apparently there is no evidence and therefore no concerns. There has been no contact for over 18 months and the children are refusing any, as they are terrified. There will be no need for indirect / supervised, and we have to reconcile in order to provide good contact!

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cestlavielife · 09/04/2014 14:22

gosh that doesn't sound right! how old are the children?
is there any medical report, referral to CAMHS etc? - you mention psychologist - is there a report? investigation into the allegation?

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cestlavielife · 09/04/2014 14:22

can you at least propose only properly supervised contact by a trained family therapist / psychologist?

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ilovemilton · 09/04/2014 16:35

My son saw camhs for about a year due to his nightmares. They said to me that if contact was reinstated we would be back at square one with his treatment. Her report wasn't allowed as it would be biased, as only I took my son to the appointments.

I requested that we start with direct, as he has barely sent anything since contact stopped, moving towards supervised. They said there is no need as there are no proven concerns.

For the concerns to be "true" they have to have been reported to either a teacher or the police by the child themselves, without any involvement from me!!

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ilovemilton · 09/04/2014 16:37

I meant to write I proposed we start with indirect...

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