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TOPIC: 16.4 Guardian

16.4 Guardian 4 years 10 hours ago #76852

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Hi guys

C2 completed seeking residency. We also included a C1A documenting all our concerns regarding the abuse the Mother is inflicting on the child. We raised concerns over her coercive control, manipulation, neglect, fabricated illnesses, her insistence at blocking all contact, her kicking off at school and Mother confirming in Court that she would not make child available for any contact. The court phoned my partner to confirm receipt and said the judge was expecting it. They said too that they would do what was necessary regarding serving the paperwork. We got ours Saturday.

Apparently Cafcass have to appoint a 16.4 Guardian by the end of the month and there's a hearing mid Sept. We just pray that the Guardian recognises parental alienation. We know the poor child will again be getting his head battered to say he doesn't want to see his Dad again.

Has anyone got first hand experience of going through this so we get a rough idea of what to expect and what to do?

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Last Edit: by lollyrus. Reason: Spelling mistake

16.4 Guardian 3 years 11 months ago #76870

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Hi there

This all sounds favourable, the fact that the judge was expecting it and the court office knew this, calling you about serving the papers....it sounds to me that they have got the measure of it....lets hope so!

My knowledge of Guardians is fairly limited, but what I have experienced has been favourable. I worked with Eric14 on his case which involved a transfer of residence, a Guardian was appointed for his children and I would say they made the process a little easier. It was another point of contact for Eric14 and as the Guardian also had to appoint a solicitor to act for the children, it worked out well and they were definitely proactive in getting the best result for the children. They saw first hand the behaviour of the mother and I think this helped too. Eric was successful in gaining residency.

of course as you know, no two courts are the same, but hopefully you will benefit from this addition to the process as Eric14 did.
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

16.4 Guardian 3 years 11 months ago #76880

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I am working with a family at the moment who have just had a Guardian appointed, she has been amazing and so has the solicitor. Hopefully this will have a positive effect on the current situation and it's good the judge was expecting your application.

Best of luck to you both and please keep us updated.
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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

16.4 Guardian 3 years 10 months ago #77940

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Update for everyone. Court was on Tuesday. No real decisions.

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Last Edit: by lollyrus. Reason: spelling

16.4 Guardian 3 years 10 months ago #78004

my ex stopped contact nov2015. January i made application to the court for joint custody/ possible full custody on the findings of the section 7report.
May 2016 the LA removed her kids/ one being my son for neglect/mental health.

Still on-going through the courts. My son was placed with her parents/ care proceedings were issued. The local authority recommended in the care plan i have custody of my son -- on the day of the court hearing the guardian didmt support the LA's plan( my working hours and the fact i have epilepsy) . I was abdolutly gutted.

October is the issues resulution hearing. Good news is the LA have made there care plan to give me full custody, nothing negative on all assessments, the ex and her mum exaggerated my epilepsy but letters from the hospital have proven them to be liars. Fingers crossed the guardian supports me this time.

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16.4 Guardian 3 years 10 months ago #78028

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....the evidence is starting to stack up and I think it's all gearing up in your favour. As I think I've said before, in situations as complex as this the court has to be very careful to observe procedure to the letter, to avoid any chance of appeal.

The waiting is excrutiating I know, but you are getting closer... if only one small, painful step at a time.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

16.4 Guardian 3 years 10 months ago #78061

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Thank you Mojo.

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16.4 Guardian 3 years 10 months ago #78150

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Hi guys

Guardian has contacted my Partner. She's spoke with Mother and will see the child at school but will not say when that will be. Guess she doesn't want Mother preparing child.

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Last Edit: by lollyrus. Reason: spelling

16.4 Guardian 3 years 10 months ago #78171

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Keeping everything crossed for you and hope the Guardian keeps you up to date.

I do think the fact the child has not seen the GP should be of concern if the counsellor's reports are given weight and really pleased that the Guardian is going to speak to the child at school. Hoping the mother hasn't got herself a job at this one?

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16.4 Guardian 3 years 10 months ago #78191

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No chance of that Yoda lol. My Partner has informed the Head of the new school why child was moved because of Mother's behaviour.

Will keep you posted.

Thanks again.

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16.4 Guardian 10 months 2 weeks ago #101339

Does anyone else have anything to add on the 16.4 guardian. In my case, where the mother has largely stopped contact since I initiated the separation (and the mother has repeatedly alleged 'harm' in my son and I spending time together) coming up to three years ago with a court order being made about 1 1/2 years go, in the latest round of hearings the CAFCASS officer has recommended a CPPP and the appointment of a 16.4 guardian.

Ironically we (I was represented before by silly overpriced barristers and solicitors before and now go with a McKenzie friends only) had asked for this before and it was rejected. We are in front of the same Judge.

Many thanks for any replies.

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16.4 Guardian 2 weeks 4 days ago #108592

Hi

Any more info on 16.4 guardian? One has been appointed on our case along with solicitor

I have heard nothing from the guardian nor the process that will happen now ...

Any insight would be great on what happens / key things to look out for

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