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Legal matters

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Cafcass/LA guardian.

9 replies

Secretminty0 · 03/12/2021 20:03

Is it a bad thing to have a 16.4 guardian appointed when there have been findings of domestic abuse found (albeit on both parents) and findings of child abuse.
If there is currently local authority involvement would the guardian come from the LA or would it always be cafcass? The Judge in our case has appointed Cafcass to undertake the section 7 but he is also toying with the idea of a Guardian as both parents are at polar opposite ends of the scale.
What is the benefit in having a guardian appointed for our daughter? I understand that they are solely there to represent the child and their interests, however would be beneficial to know of others experiences of a 16.4 guardian.

OP posts:
Collaborate · 04/12/2021 08:53

Guardian is appointed by CAFCASS not the LA.

Santahatesbraisedcabbage · 04/12/2021 09:12

Beware ime. My dd's legal guardian admitted on the stand he had based his entire report on 'information' (lies) he had gained from my exh.
Luckily my barrister squeezed this out of him. Exh lost his case. And quite rightly the judge agreed.

Secretminty0 · 04/12/2021 09:52

Is there any benefit in having one appointed though x

OP posts:
Santahatesbraisedcabbage · 04/12/2021 10:01

Ime I didn't get to decide. Judge ordered it.

Secretminty0 · 04/12/2021 10:44

I know that.
I'm just asking if there are any benefits in having one it said child is completely against seeing their non resident parent and has said the same thing to multiple professionals.

OP posts:
Santahatesbraisedcabbage · 04/12/2021 10:52

Well they are representing your dc. And making sure they are heard. My dd's were too young to have voiced their wishes and feelings. Maybe for your dc it wil be more appropriate... And tbh if court go against YOUR wishes you won't carry the guilt for having to self the dc with their df. The guardian can carry that guilt.

Secretminty0 · 04/12/2021 11:05

I've already told the author of the section 7 if unsupervised contact is ordered and anything happens to my DD, I will hold them personally responsible as well as they judge.
My daughter is only 3 so I'm not sure if her voice will be taken seriously by anyone.. They'll throw the parental alienation card out no doubt.

OP posts:
MrsBertBibby · 05/12/2021 11:02

That's an extremely unhelpful and self destructive way to behave.

Are you self representing, or do you (or the dad, for that matter) have a solicitor?

Santahatesbraisedcabbage · 05/12/2021 13:46

Sadly my barrister told me judge's are reckless with other people's dc. A fact I absolutely agree with..
Court deals on facts op. Go through the report with a marker. Highlight any facts that are wrong and discuss with your legal team. Ifs and maybes aren't taken into account..

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