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Hi,
I am seeking guidance on whether or not to appoint a guardian to help with contact with my 8 years old son. Separated with X since 6 years with 2 CAO breached and enforced on many occasions and ongoing non-molestation order against X for breaching the peace of my home unexpectedly. As a result of obvious implacable hostility from X, I would like to get people mind pros and cons of using guardian to help my son now severely alienated by X.
hi,
I don't have experience about guardians. but from what i been reading, appointing a guardian will give the child an independent voice, and the aim is to prevent one parent from interfering. are you going through the courts now, and are they talking about appointing a guardian?
I am going to proceedings indeed to enforce a breached CAO and other issues. But my child has no voice and being coached by X and her entourage. So was wondering if anyone had experience for having used a guardian to help with the case.
You have to obtain the agreement of the judge for that to happen. You an argue for it under what is called the 16.4 threshold - the relevant statue is here:
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_16a#IDANRUKC
If court orders are generally breached it can help you. Generally guardians promote contact with both parents in the absence of welfare issues, so appointing one will tend to mellow the power of the resident parent.
very useful flyingember.
I was getting relieved until I read you say "in the absence of welfare issues". My son has had suicidal thoughts according to X and to the point of wanting to get rid of me which has been so hurtful. Resident parent has made several allegations of serious nature and my son has been severely brainwashed such in a way that he has suddenly cultivated some hatred towards me which contradicts his written messages showing how much he loves me. This ambivalence in his behaviour has caused him to be followed up by CAHMS and I believe he is seriously troubled and torn apart. I want this to stop. Will a guardian help in such a situation?
Are you actually seeing your son?
If not, I can't see how it could hurt any further?
hi,
check this: https://www.dad.info/forum/legal-eagle/51151-success-stories?start=24#107365
there's a dad on there who recently posted, about guardian during his court hearings.
no i am not seeing my son since 4 months now
Thank you Bill337. Very nice story.
I can't assure you 100%, but I can only see a Guardian helping you in your case. I am surprised the court hasn't already appointed one given your history.
fyi professionals and the court have a very skeptical view of a child who doesn't want to see one of their parents, through no fault of the parent. It generally points to inappropriate behaviour by the resident parent turning them against you.
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