@JustAnotherLawyer2
It is not unusual at all in what is usually referred to as 'intractable issues' for a guardian to be appointed for the child - the guardian is usually the CAFCASS officer that has already dealt with the case. The guardian is appointed to act in the interests of the child, and the solicitor is the CHILD's solicitor - who takes instructions from the guardian who ACTS for the child. It is NOT the guardian's solicitor at all.
Please stop guessing and then making assumptions. If you don't know something, ask. There are several family lawyers on this particular board on MN, so you are bound to get an answer to a genuine query. I can't pretend I read all posts in a thread, I usually skip to the most recent from the OP, so I won't read every query, but will answer if I do see it.
These are private law proceedings. The only point at which they'd become care proceedings is if the judge decides both parents are unsuitable carers. That doesn't appear to be happening here at all.
OP, my very first post said 'get a barrister' - if you haven't done that, then don't expect the best outcome at the hearing. Prepare yourself for that.
Was this aimed at me? I am only going by what op said that Caffcass has a solicitor and so does her child.
Yes I am not a solicitor or claim to be, I am honestly just going by my own experiences of 13 years through the family court and as a child in care when I had to have a guardian ad litem and also a solicitor.
I got to the end of my post and then googled about children needing a solicitor in family court and the reason why. I can not find anything online about a child in family court proceedings needing a solicitor and a guardian unless it is care proceedings. If I'm wrong Im wrong and will admit that.
This is what I found:
If proceedings are brought by the local authority (known as “care proceedings”), your child will automatically be a party to the proceedings. It is more unusual for a child to be made a party in private law proceedings (such as in disputes as to where a child should live or who the child should see).
If your child is a party to the Court proceedings, a Children’s Guardian will be appointed to represent them by CAFCASS who will instruct a solicitor to act for your child. The solicitor will usually take instructions from the Children’s Guardian. However if your child disagrees with their Children’s Guardian and the solicitor considers that they are competent to instruct them direct, that solicitor will then take instructions direct from your child. There is no specific age when this could happen but it would be very unusual for a child under 12 to demonstrate that they have sufficient understanding.
From HERE The family law company.
And also
When working with children in respect of public law (care) proceedings, the Cafcass worker is known as a children’s guardian.
The guardian’s most important role is to make sure that local authority arrangements and decisions for and about children protect them, promote their welfare and are in their best interests.
In care proceedings, their job is to make independent enquiries and check the local authority’s care plan to ensure that it protects children, promotes their welfare and is in their best interests. This will include making sure that children are able to live with other family members or people connected to them or to be reunited with their parents if this can be made safe enough and is in their long-term best interest. It is also to let the court know what they think should happen.
What will the guardian do?
The guardian will:
appoint a solicitor to represent your child;
advise the court, at the first court hearing, on the work that needs to be done before it can make a decision about your child’s future and whether other independent professionals may help the court with advice, e.g. a doctor or psychologist;
talk to your child to find out their wishes and feelings (where they are able to share this), and tell the court during the case what they think is best for your child, including their stated wishes and feelings.
Found HERE CaffCass website.