What is a 16.4 guardian?

[Ash]

Dictatorial then. I think you want to be going for a "lives with both parents" order. What did you apply for in the first place on the initial application. It doesn't have to be 50/50 time but it stops the Mother playing the "parent with care" card as if she's the most important person. Both parents have equal parental responsibility and the child has a right to a relationship with both parents.

No welfare issues from Section 7 - I would try and go for the final hearing and forget the Guardian (if you can). If it's possible to speak to social services and say you want the court to decide at final hearing. However if in the section 7 it recommends a Guardian then it's a case of either agreeing with that at the next hearing or arguing against it.

I am not sure how social services can decide a final hearing has to be cancelled.

 

[Ash]

Is there anything in the Section 7 that recommends a Guardian is appointed? Because what’s written above sounds like - no issues with Dad - straight to final hearing.

Below describes what a Childrens guardian is supposed to do. But bearing in mind the experience Stay Strong has had (and the fact court has huge delays since the pandemic).

I see no reason why a final order shoukdnt be made and the Judge be very firm with the Mother that she must follow this. There could still be SEND at school for child and possibly a social worker invokved but a Guardian sounds totally inappropriate because they won’t be able to fully establish child’s wishes and Cafcass have already highlighted the issue with the Mother’s outlook or attitude.

What most children need is stability with parents and to be out of lengthy court processes and I would think that would be the same for an autistic child - from the little I know they need routine and structure.

But I’m unclear how it came about that the final hearing would be cancelled in favour of a Guardian being appointed. You mentioned you asked for it but also that social services decided it should happen. Which came first?

Have the local authority issued care proceedings or put a plan in place as a child in need?

Why Does My Child Need a Children's Guardian? - Timms Solicitors

If the Local Authority issue care proceedings in respect of your child, the Court will immediately appoint a Children’s Guardian to...

www.timms-law.com

 

[Ash]

I just read back a bit. You had a final hearing in May and all was going well until the Mother made further allegations and another section 7 was ordered - is that right. I think at that point a lawyer should have jumped on that and said - no - there’s already been a section 7 and there are no welfare issues. However you went along with that and the only thing that comes out of it is it’s the Mother’s issues. She needs a strong warning not to keep making false allegations (a tactic to disrupt processes). It’s about losing control once things were going well for you and your son.

You can also ask for a case to be reserved to the Judge who did the final hearing - for continuity - and for the bundle from final hearing to be looked through again. That’s the whole point of a final order - everything has been looked into before it was made. Your ex is just playing the system.

 

[Feellost without my boys]

My children have been appointed a guardian and i am not allowed any direct contact due to malicious allegations made against me even though the judge at the last hearing cleared me of them all, and in the police disclosure it states mam was putting words in my youngest sons mouth then later in the disclosure it states that mam was trying to get both my boys to say stuff about me so there is signs they are getting alienated against me. i am allowed to write to my boys every fortnight so i sent my first letter and both boys listened but said they didn't want to write back and wanted no further letters but guardian has told me to keep writing letters and they will ask boys when they see them if they want to know what i have said but ihave a few queries on this as I'm worried i am not gonna get to see my boys because of all this.

1) When the guardian read out the letters this was in the house where there mam was should this of been done away from the family home?

2) I know my boys are saying they don't want anything to do with me but cant say why, so what will the guardian do as its been raised for parental alienating as its clear in police disclosure this has happened and feel the guardian wont look in to this properly as its the same cafcass officer who has been dealing with the case and he is useless and even my barrister has said he has been poor.

3) I have a feeling the guardian is just gonna go with what boys say as he was saying its hard to prove parental alienating, i have a bad relationship with him as he called me a perpetrator on the phone when my ex made a serious allegation with me and he didn't even have police report which cleared me of any wrong doing so i made a formal complaint against him and his manager said he was in the wrong for doing that, all i said was i wanted an apology from him and im still waiting so now i have wrote to my local mp with all this and mentioned the parental alienating so he has wrote to the ministry of justice so still waiting on them to reply, i feel because what the boys are saying im never gonna get to see them again because my ex has had a year to manipulate them.

 

[Resolute]

Seems to me that Social Services are pandering to your ex. In doing so they are placing your ex's judgement above that of Cafcass and the court. Come to think of it, they are placing what she says above their own judgement. If they think unsupervised time is appropriate, they can just state that clearly. The court is capable of making a decision that serves the child's welfare, whether or not your ex likes it.

You do not have to confront the view expressed by social services. It is possible to take the bits you agree with and develop your own conclusions from there. As has already been said, delay is the enemy of the children.

 

[Feellost without my boys]

Sorry cafcass officer is boys guardian, social services are not involved ad they would only get involved if the court ordered it but they didn't just the guardian and a solicitor

 

[Resolute]

Sorry cafcass officer is boys guardian, social services are not involved ad they would only get involved if the court ordered it but they didn't just the guardian and a solicitor

I was replying to @HAPPYDAD2

 

[Feellost without my boys]

Ha ha no worries

 

[Ash]

Sorry to hear that Feellost - maybe you could start a new thread to update us on your situation.