CAFCASS stood down, NYAS brought in

[bringingupthebaby]

Hello - I wonder if anyone could help me with a query. The judge has ruled that a child guardian is to be brought in and that Cafcass are to be stood down from the case and that all information relating to the case needs to be submitted by each party to the child guardian. Judging by other threads, and opinon of Cafcass this seems to be a good thing!

However, what does this mean in the terms of the court case and where is the starting point for the NYAS officer? Is it the beginning - two years ago - or is it starting from the point of the ruling of the last judge. Do they take into account the Cafcass report or is it a completely blank sheet of paper and they literally start from scratch.

What does the NYAS officer do that is different to Cafcass, apart from speak to the children concerned?

Any help, gratefully received.
Thanks

When a guardian is appointed for a child, this means that the child becomes a party to the case and it is the job of NYAS to represent the child. NYAS will probably look at all the papers which have already been submitted so far but they will form their own view on the case. It's quite a difficult concept to grasp so hopefully this makes sense!

Thank you familylawyerlouise. Much appreciated.

Actually one more question for familylawyerlouise, the judge has said that there will be a period of time in which each party (parents) can submit evidence to the child guardian. Should this be everything or will they refer to what's already submitted and therefore submissions be anything new? It is all rather confusing. Thank you.

op has the court stipulated NYAS? as usually the guardian is a senior CAFCASS Officer thats appointed.

No, I've made that assumption because they said Cafcass was to be stood down. I guess my question is still the same whether it's senior Cafcass or NYAS about what information should be submitted to them and whether they go right back to the beginning or work from the ruling at the last hearing?

If the latter, can one party introduce new evidence that could challenge the ruling of the judge or would that have to go to appeal?

Just to explain, judge at 'final' hearing ruled that case should move towards model of shared residence pending interim review with report from Cafcass. At directions hearing which had a different judge, it was decided that child guardian should be brought in and Cafcass stood down. Where does this leave the case?

Thanks for your help.

The court should provide NYAS with copies of everything that's been submitted so far so any evidence that is sent to them would be new stuff over and above what's already been submitted. The case will effectively remain the same but the child is represented in their own right by NYAS.

Yes, in my long and painful experience a 'guardian' is a senior Cafcass worker. In my case anyway. This appointment gave her access to interview the children about their views. Then she fought for what the children wanted whether it was in their best interests (from any sane adult perspective) or not. This meant sidestepping any evidence I sent which detracted from her (and my exp's) argument/ viewpoint.
In the end I had to give way A LOT, mainly as I was told that judges usually follow guardians recommendations and that a full hearing (ie not by slogged out agreement in waiting rooms) would only cause me more suffering (ex is a psycho-loon who thinks he's a lawyer).

Help, not sure if anyone can to be honest.
me and Ex partner of 14yrs have recently split. I had him removed due to DV incidents.
we have two children and are not married.
we own our home jointly and so far I have recieved two conflicting reports from two diff legal advice teams.
One states that as unmarried I cant claim anything from his various other proiperties and the other says due to DV I can.
He is entitled to 50% share of our home to go with his other properties but this leaves me unable to house myself and the kids and unable to get amortgage as I work PT and am paid very little.
general concensus is that if I was married this would be clear cut but I feel this is discrimination.
I am really stressed at the thought of being homeless.
Has anyone else been in similiar situ?

Help, not sure if anyone can to be honest.
me and Ex partner of 14yrs have recently split. I had him removed due to DV incidents.
we have two children and are not married.
we own our home jointly and so far I have recieved two conflicting reports from two diff legal advice teams.
One states that as unmarried I cant claim anything from his various other proiperties and the other says due to DV I can.
He is entitled to 50% share of our home to go with his other properties but this leaves me unable to house myself and the kids and unable to get amortgage as I work PT and am paid very little.
general concensus is that if I was married this would be clear cut but I feel this is discrimination.
I am really stressed at the thought of being homeless.
Has anyone else been in similiar situ?

Heis. You can claim for the children under children's act schedule 1. Not for you but for the dc.

Dealing with property is TOLATA trust of land act.

You need talk to solicitor about a TOLATA/children's act hearing .

If he has other assets and you staying in. Home to house children is feasible then there could be ways . Or you could sell and take some of his equity to rehouse. His equity for the children .metc.

You. Not entitled to anything for you but for housing the dc yes. Get advice .