Thank you very much – I would never quarrel with a pedant and I am grateful for your contribution. I agree that it is the Court`s growing tendency to appoint a guardian under rule 16.4 that is largely used as an issue to « fund an expert », hence the main problem. I have heard that there is a judicial review of this. In addition to advising the courts on the work that needs to be done before they can make a decision about your child`s future, the Cafcass guardian is also responsible for appointing a lawyer to represent your child. The guardian Cafcass works closely with the Children`s Advocate to bring the case before the family court and may also testify in the proceedings. Parents or other parties who disagree with the Cafcass guardian`s report may also question the Cafcass guardian. The guardian may also be questioned by the court, as well as by the Children`s Ombudsman and the local authority. (b) Make use of available professional assistance as the child`s guardian deems appropriate or ordered by the court. If a litigant represents a child in family proceedings under Rule 16.5 and Chapter 5 of Part 16, the child should be referred to in the title of the proceeding as « A.B. (a child of C.D. his litigant friend) ». Interesting blog; However, if I wear my pedantic hat, the lawyer for guardian 16.4 will not pay a fixed fee because the representation of a child outside of a particular procedure (care, etc.) is outside the fixed fee system and the family defence system.
A guardian is required in a children`s case where the interests of the child may not be represented. This usually happens when social services are involved in the process and there is a problem with the parents` ability to take care of the child`s needs and interests. This may be due to illness, mental retardation or the fact that the parents are also involved in the procedure and the interests of the child are considered separate from those of the parents. At the same time, lawyers representing Rule 16.4 guardians are under increasing financial pressure to do less for the case because they receive fixed fees, and the more time they spend on the case, the less profitable it becomes (often close to break-even or worse). Now, rule 16.4 Guardians are employed at CAFCASS. In recent years, CAFCASS` demand has become increasingly overloaded and has responded by asking its individual guardians to do less and less in individual cases, allowing them to spread the largest number of cases among the same number of guardians (each taking on more cases but doing less work on each). (a) whether a (CAFCASS) official has informed the court that, in the opinion of that official, the child should be designated as a party; (b) in proceedings to which Part 14 applies, to the extent possible, any person whose intervention as a party to these proceedings would, in the opinion of the child`s guardian, be appropriate to protect the interests of the child from the power of the court to join that person as a party in accordance with rule 14.3 and to inform the court, – In child rights proceedings, the courts transfer guardianship of a child to a guardian of the local CAFCASS office. This guardian is also known as Cafcass Guard and will be a professionally qualified social worker with considerable experience in treating and working with children and families. The Cafcass guardian will only represent the child and will not work for you or the local authority involved in your case. You will be completely independent.
(a) First, consideration should be given to appointing a service officer or a Welsh family affairs officer. Before appointing an official, the court opens preliminary investigations against Cafcass or CAFCASS CYMRU. For the procedure concerned, reference should be made to the practice note published by Cafcass in June 2006 and any amendments thereto. A parent`s recommendations may also be based on their investigations and the views and evidence of others, such as the opposing parent or local authority, who are also involved. Although the Cafcass guard is independent, it may not always help your case, especially if you have been portrayed negatively by your opponent or the local authority. When conducting a risk assessment, if the public servant believes that the court should exercise its discretion under rule 12.34(2), the public servant must indicate in the risk assessment: Although the majority of parents strive to act in the best interests of their children, there may come a time when it is not possible for parents in conflict to: Reach an agreement on what to do with a child. The guardian of the child must carry out the necessary inquiries for the performance of the duties of the guardian of the child and, in particular: – In juvenile proceedings, the family court may often require the intervention of a guardian. This is usually the case when a parent is unable to adequately care for their child and represent their child`s best interests. A guardian can also be appointed if difficult problems arise in a family and these problems cannot be dealt with by parents alone. It may also be appropriate for children to meet with the trial judge to express their desires and feelings about what should happen.
Children must be prepared by their lawyer and guardian prior to such a meeting. They need to understand that this is not an opportunity to testify and that the guidelines that govern these meetings must be followed. Although the Cafcass guardian`s report is primarily about the child, it also includes information about and from others involved, including the child`s parents and other professionals and experts such as teachers and health professionals. Given the massive conflict in this case, it is not too surprising that a guardian was appointed under Rule 16.4. Our family law specialists are well equipped to advise you on what to expect when a guardian is appointed and how to handle the Cafcass guardian`s report. We have successfully helped countless parents challenge a negative report from guardian Cafcass and prevent their child`s procedures from being damaged. Contact us today for advice on how we can help. (e) the options available to him or her with respect to the child and the appropriateness of each of those options, including the order in which the decision on the application is to be taken; and in private law court proceedings in which parents do not agree on the personal relations or housing conditions of their children; in certain circumstances, the court will consider appointing a guardian for the children (under rule 16.4 of the 2010 Code of Family Procedure). The lawyer appointed to represent the child is usually a member of the Law Society`s Children`s Rights Accreditation System/Children`s Panel.
We have a very strong children`s rights team, which includes several accredited members. We regularly represent children in the given circumstances. But unless this is accompanied by a change in the way CAFCASS requires guardians 16.4 to conduct cases, and LSC funds guardian representation 16.4 so that it is open to the lawyer to have the child proactively manage the case rather than simply representing the child, I do not think it works. (a) how the staff member considers that the court should exercise its discretion (including its opinion on the duration of any proposed delay in service); and The proposed litigant may, where appropriate, be one of the persons referred to in paragraph 3.3 or be the official solicitor, duty officer or Welsh family procedure officer. Where the appointment of a solicitor, duty officer or Welsh family procedure officer is sought, provision should be made for the payment of that person`s fees. Since the most important role of the Cafcass guardian is to protect the welfare of the child, he will usually talk to the people involved in the case, including the child`s parents and family, investigate the case, and get to know the child. Their role may also include working with other professionals such as teachers, social workers and health visitors. The Cafcass guardian may also attend sessions involving the child, review the child`s personal records, and recommend to the court other professionals who may need to be involved, such as doctors or psychologists. A guardian is appointed when the family court requires an independent view of what has happened in the child`s life and what should happen in his or her life.
The Court appoints a guardian for children in proceedings relating to children under the Children Act 1989. The guardian is in contact with the parents and all parties involved in the case after being invited by the court to investigate the child`s case. The guardianship of a child for a guardian ceases to exist when the matter has been settled by the court and the court is no longer involved in the child or family. As a rule, in proceedings involving social services, the child is represented by a lawyer. A Cafcass Children`s Guardian is usually appointed to independently advise the court on matters relating to the welfare of the child. (a) appoint an advocate for the child, unless a lawyer has already been appointed; A discussion of the Court of Appeal`s decision and what it means for rule 16.4 Guardians and their representatives.