DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Notifications
Clear all

[Solved] Pros and cons of appointing a guardian

 
(@rod977)
Active Member Registered

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.

Quote
Topic starter Posted : 22/06/2020 1:29 pm
(@dadmod2)
Illustrious Member

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?

ReplyQuote
Posted : 22/06/2020 3:47 pm
(@rod977)
Active Member Registered

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.

ReplyQuote
Topic starter Posted : 22/06/2020 3:50 pm
(@flyingember)
Estimable Member Registered

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.

ReplyQuote
Posted : 22/06/2020 4:37 pm
rod977 and rod977 reacted
(@rod977)
Active Member Registered

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?

ReplyQuote
Topic starter Posted : 22/06/2020 7:58 pm
(@flyingember)
Estimable Member Registered

Are you actually seeing your son?

If not, I can't see how it could hurt any further?

ReplyQuote
Posted : 22/06/2020 8:15 pm
(@dadmod2)
Illustrious Member

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.

ReplyQuote
Posted : 22/06/2020 11:33 pm
(@rod977)
Active Member Registered

no i am not seeing my son since 4 months now

ReplyQuote
Topic starter Posted : 22/06/2020 11:49 pm
(@rod977)
Active Member Registered

Thank you Bill337. Very nice story.

ReplyQuote
Topic starter Posted : 23/06/2020 12:09 am
(@flyingember)
Estimable Member Registered

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.

ReplyQuote
Posted : 23/06/2020 12:47 pm
Share:

Pin It on Pinterest