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Legal matters

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Guardian in court

6 replies

Bizzieizz · 03/04/2023 20:35

One of my children has not seen the other parent in over a year.

This is all at Court and she is currently about to go to a contact centre (court ordered) where I suspect she will refuse to see him.

My Solicitor mentioned a Court Guardian and said this would be a good thing for my DD, only the worker at the centre I have spoken to a couple of days ago tells me that I don’t want a guardian as basically it’s a Cafcass officer who pretty much takes over PR of DD and tells me what me/DD will or won’t do?

I envisaged it as being someone who worked for her, as no one in court is listening to me, not something who assumed my role as parent and took over and told me what I would/wouldn’t do?

I am currently feeling very hemmed in, she’s just turning 11 and is adamant she won’t see him (DV history amongst other poor behaviours) and I’m not willing to force her in a contact centre, but then I feel like both she and I will be punished if that is the case?

Anyone have any experience? Our current Cafcass officer is appallingly bad and I get a cold sweat at the thought of someone similar taking control of my DD

OP posts:
bellac11 · 03/04/2023 20:41

A court guardian is the cafcass officer.

They dont acquire PR of your child. I would raise with the contact centre that the supervisor needs some urgent training/supervision as they will be frightening people by telling clients that

Eas1lyd1stracted · 03/04/2023 20:50

Having a Guardian appointed means that your daughter will be a party to the court proceedings. The Guardian will be from cafcass and will likely be the current family court advisor unless they are very new to the role and don't do that.

The Guardian will instruct a solicitor to represent her welfare interests.

If she doesn't agree with the Guardian and the solicitor representing her thinks she understands the law enough she can instruct the solicitor herself. She's very very young for that so it's unlikely but not impossible.

The Guardian will not get PR and the contact worker is scaring you unnecessarily, over stepping her professional role and doesn't appear to actually understand.

If you have a solicitor they should be able to explain more and there is a lot of information on the cafcass website

Eas1lyd1stracted · 03/04/2023 20:53

Ah I missed the solicitor bit. Your solicitor sounds sensible and their job is to advise you not a contact worker. You could talk to your solicitor about how realistic it is to get a different cafcass worker to be the Guardian

Bizzieizz · 03/04/2023 20:53

bellac11 · 03/04/2023 20:41

A court guardian is the cafcass officer.

They dont acquire PR of your child. I would raise with the contact centre that the supervisor needs some urgent training/supervision as they will be frightening people by telling clients that

Thank god for that, because my understanding was also nothing of the sort, but when I mentioned that it would be my preference over the contact centre stunt they are pulling he said “well lots of people think that, but it’s basically a Cafcass officer assuming PR of your child and making decisions for you and instead of you, so they will tell you where she must go and what you must do and you will have no real say over it”

Obviously I 💩💩💩 myself at that, because it’s like it’s become “she toes the line here or you’ll lose control of her”

OP posts:
Bizzieizz · 03/04/2023 21:15

Eas1lyd1stracted · 03/04/2023 20:53

Ah I missed the solicitor bit. Your solicitor sounds sensible and their job is to advise you not a contact worker. You could talk to your solicitor about how realistic it is to get a different cafcass worker to be the Guardian

Of all the Cafcass officers there are it keeps me awake thinking my current one would be responsible for anything to do with my daughter!!

I had read up on them and had thought it was a good idea, because any time I feed her wishes across my ex screams “she’s making that up” about me. He has touched on parental alienation amongst a whole host of things and I felt if it wasn’t me saying it then someone might actually listen!
Ex cannot get to grips with the fact that she will not be controlled by him.

Then I had this conversation and tbh this whole thing has been an enormous strain and I was just “oh my god”

I don’t have to pay for the solicitor for her do I???

OP posts:
bellac11 · 03/04/2023 21:18

No, its funded for her.

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