If you are involved in court proceedings about your child, it may well be that a Guardian is involved in your case. This is one of those legal terms which means something very different in a court room compared to the real world.
In a court case, a Guardian is a court appointed social worker. They independently and separately represent the child or children. Usually, this person is the Cafcass officer already involved in the case.
A Guardian can only be appointed by a Judge. Once appointed, the children, through their guardian, become a separate party in the court case.
The Guardian then instructs a solicitor to represent the children. This means that the children have their own solicitor, barrister and social worker representing them in the proceedings.
The legal aid scheme pays for the barrister and solicitor.
The social worker will attend court hearings on behalf of the children. It remains unusual even for older children to attend court hearings.
The Guardian will try to build a relationship with the children. This will help them to tell the Judge and parents the children’s wishes and feelings about certain issues.
If you are involved in court proceedings and need advice or representation, please get in touch with us.