Justice For Families

Could any tell me at what age it would be reasonable for a child of above average intelligence to apply in private law proceedings to dispense with his/her Guardian, and be represented directly instead by a solicitor?

(In this case, the Guardian is contradicting the child's clearly expressed views on a contact matter).

kiama wrote:Could any tell me at what age it would be reasonable for a child of above average intelligence to apply in private law proceedings to dispense with his/her Guardian, and be represented directly instead by a solicitor?

(In this case, the Guardian is contradicting the child's clearly expressed views on a contact matter).

Hope this video helps.

Delete social workers from you life.
http://www.youtube.com/watch?v=IdbfgFJmutc

1. Firstly the child needs to get a doctor to declare them Gillick Competent.
2. Convince the GP as a neutral party to support the child.
3. Get the child to a good solicitor.

Help the child find a damn good solicitor though, not one of the rubbish ones that so often frequent the family courts in cahoots with the LA and SS.

Edit: Voice will only work for public law cases, and you're private. So you have to start with the GP and instruct a solicitor.

I know of a case where a girl child was 11 and something months. She and a younger sibling were voicing different points to what the Guardian was, in a private law matter. The case got to a point where the Guardian was recording in the reports about what the children were saying but the Guardian was recommending something different to what the children wanted. The family had a close shave where it was between going into care or remaining with one parent. With plenty of luck, the children stayed at home.

The older of the children got a solicitor to discharge the Guardian. The matter went to high court for consideration and the Judge let the older child have a solicitor. I think the Guardian stayed on for the younger child but that Guardian couldn't split the children.

The general age for a child (to be looked at) for instructing a solicitor is 12 and 12 is generally considered borderline.

I know of several cases where Guardians have different views to the child. In most of the cases, the child's view doesn't get presented to the Judge and in a few cases, where a Judge asked a guardain about the child's view, the Guardian lied.

NRparent wrote:The general age for a child (to be looked at) for instructing a solicitor is 12 and 12 is generally considered borderline.

I know of several cases where Guardians have different views to the child. In most of the cases, the child's view doesn't get presented to the Judge and in a few cases, where a Judge asked a guardain about the child's view, the Guardian lied.

The GAL in my case & the GAL Sol are both lying. The GAL has not even told the court my youngest children have both fallen out with him (12 & 13 yrs of age). The corrupt liar is simply repeating wht the LA say parrot fashion. How do I challenge that?

My 12 yr old has contacted a Sol of her choice via email. She has told the Sol that the GAL, GAL Sol & SW are telling lies to the court and she has asked the sol to represent herr and tell the courts the truth. A friend has recently done her wishes & feelings for her again to enable her to represent these to the Sol of her choice. I am so proud of her bravery.

GOLDEN RULES TO GET YOUR KIDS HOME

"Whatever you say, say nothing"

CONTACT IMMEDIATELY these people, one has been at it since the '60's, the other is a former SS manager who now helps families;-

Ian Joseph ian@monaco.mc

Charles Pragnell "Charles Pragnell" charles.pragnell@lineone.net

these sites;-

Justice for Families http://justice-for-families.org.uk/

email emily.wilson-gavin@john.hemming.name <emily>

Forced Adoption http://www.forced-adoption.com/recover-children.asp

email ian@monaco.mc

PLEASE FOLLOW THESE STEPS

1) "The Threshold Criteria" NEVER ALLOW YOURSELF TO BE PRESSURISED into agreeing the Threshold Criteria for taking children into care have been met, especially by your solicitor.

This is a plea of guilty and the judge will then only be concerned in discovering "change" if children are to be returned. These were put into the 1989 Children Act to act as a test for taking children into care.

2) Always oppose Interim Care Orders and their renewal. If you don't all the above apply.

At the application for a full care order the judge will say the same.

3) Find the names and initials of the of the Chair or Cabinet Member in charge of the committee (councillor) and the Director of Social Services. Do this by ringing the council switchboard.

Write directly to the Elected Member (councillor) and Director.

Say "Mr. & Mrs x deny harming or abusing their children a and b in any way and refute the the Threshold Criteria have been met" Then go on to say what has happened.

4) DON'T get a solicitor from the Children's Panel, they are too close to the SS, having Legal Aid Contracts, will not mount fighting defences, and you will lose your case.

Get one from outside the area, a McKenzie friend or be a Litigant in Person.

5) VOICE - Voice of the Child in Care. If a child is old enough to understand, want one, and contact them they can have a Child's Advocate, and CANNOT BE LEGALLY PREVENTED FROM HAVING ONE.

Get them to ring Voice on this free number ;- 0808 800 57920

or email Karen Baker on;- info@voiceyp.org

But they must do it themselves.

Do not allow the SS to put them off with an NCH or NSPCC one as they are too near the SS, the SS cannot keep Voice out.

6) FAST TRACK CHILD'S COMPLAINTS TO THE LG OMBUDSMAN

If the SS block a Child's Advocate or commit any other Statutory Breach, get the child to go to the Local Government Ombudsman's website, fill in the email form and send it them, they have to act within the week and will direct the SS to take action.

7) CHILDREN'S COMPLAINTS The child has the right to complain to the Independent Reviewing Officer, who works for the SS, about anything, also to get back their Contact Time or even Discharge Their Care Order and the IRO must find them assistance to do it.

If the IRO doesn't do it they are in Statutory Breach of Statutory Instrument 1514 of 2004.

The above then applies.

8) GILLICK COMPETENT If a child is 12 and knows their own mind, you must have them declared Gillick Competent and the can then discharge the Child's Solicitor, appoint one of their own and instruct them.

This is vital as the Child's Solicitor appointed by the Children's Guardian, who works for CAFCASS, takes their instructions from them, and both the Guardian and such Solicitors are too close to the SS and will back them.

You will now have a much more level playing field.

9) DISCHARGING A GUARDIAN If you are not happy about the lack of independence of a Guardian, who is supposed to be representing your child, they can be discharged by using Court Form 434 and a new one appointed. Guardians are notorious for being cheerleaders for the SS.

Voice's legal dept. will do 7 and 8 for a child.

10) SECTION 26 COMPLAINTS If you want to complain you must use this, as they cannot ignore it and after Level 3 the LG Ombudsman can be called in.

Head letters "Official Complaint Under Section 26 of the Children Act 1989" and "Level 1 Complaint".

If they take no action, then the next letter says "Level 2 Complaint", when Voice can come in with an independent element. If they still don't take any action then the next letter is "Level Three Complaint" and they must convoke a committee of three to hear it. After that you call the LG Ombudsman.

This tends to put the frighteners on them, but do not let them pressurise you into allowing them "more time" or allow delays.

12) CONSTRUCTING A CASE AGAINST FAMILIES the SS and the LA solicitor are only concerned about winning cases and will do anything to do so. Do not allow un-arranged visits and if they turn up grab your coats and say you are just going out and can they arrange to come on .... when you will be available.

These visits are to gain evidence and anything said or seen will be seized on.

I have seen it in SS documents - "purpose of visit to gain evidence for court case".

13) WRITING YOUR COURT STATEMENT write a statement on the lines suggested by Ian Jacobs, just like the court reports the SS and Guardian write and with your own care plan. DO NOT write a defensive one just answering the SS statement.

Get as many witnesses listed as possible to swear to your good character and write witness statements.

Get your children to write a full statements as possible.

14) CHILDREN SPEAKING TO THE JUDGE - according to the rules issued with the 2002 Children Act there is no reason why children can't give evidence and everything is flexible.

Insist the children speak to the judge in private and write to him.

Quote these rules.

If the children are older insist they see the SS and Guardian's reports and tell the judge what they think about them.

Cases have turned on this.

15) EXPERT WITNESSES - insist you have yours and second opinions, as well as the SS being responsible for essentially picking theirs.

Research their interests (VERY IMPORTANT) and qualifications on the net, and have yours ready with better ones.

Remember the SS will always try to lead and noble expert witnesses by skewing the letters of instruction, bombarding them with highly selective documents, and writing to them after their report asking them to review it in the light of further ones. So be

ready to write yourself.

16) MEETINGS & REVIEWS - always take witnesses to reviews and meetings who take notes, as all too frequently there is no relation to what was said or happened and what is in the reports or minutes of the review.

Always write notes immediately either in the car afterwards or after they have gone but make sure they do not suspect.

Secretly record all meetings, get a Dictaphone for this. You can then prove they were lying in court by producing the transcripts.

Cases have turned on this.

The most amazing claims will be produced in the court reports and in court. This is called lying in the dictionary.

17) ASSESSMENTS BY PROFESSIONALS - DO NOT GO to assessments by doctors of psychiatrists found by the SS, their theories will support the SS and they will stitch you up.

Only go the assessments with people found by you and your advisor's who will be impartial and not have trendy theories.

18) CONTACT REPORTS - each contact visit will have a Contact Report written to a standard format by the contact worker. Many are pressurised to write uncomplimentary reports with anything said or occurred which they can use seized upon. These will be used by the SS against you. Be careful to ensure that there is nothing that can be. DO NOT discuss your "case" with a contact worker, no matter how friendly, as you with be accused of "Emotional Abuse" for talking about it in front of your child.

19) EMOTIONAL ABUSE - this is is very fashionable at the moment and very all-encompassing. It was the theory of J.Gabarino. You may well be accused of this; go to this site to see the List of Indicators used and what it is. Note how vague the first 6 are.

http://www.teachingexpertise.com/articl ... abuse-1418

20) PERSONALITY DISORDER - this is another highly fashionable one, and they always use the tame experts again. In fact it can mean any antisocial behaviour but is always used against mothers to keep the kids. Go to this link to see what it is.

http://www.psychiatryforlawyers.com/cha ... apterID=44

As you can see the author advises caution.

I suggest you get in touch with him immediately if you are accused of this.

My cousin is a barrister she says they call it Frazer not Gillick as the stroppy mother does not like them using the name Gillick................