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End of the road and guardian ad litem

  • chelsea02
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06 May 12 #328656 by chelsea02
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I have been battling with my ex for contact with my 3 young kids for 2 and half years with very little success. CAFCASS have long ago done a section 7 report and the Judge has said I should be seeing the kids etc. My ex has ignored, messed around and generally made it as difficult as possible. The Judge has even said she is abusing my oldest by using parental alienation and she must stop (but no consequences on her if she does not).

At the last hearing I said to the Judge I had had enough and I felt the only way forward is to come out of the court system and wait for my ex to come round or my kids to get older and come to me.

The Judge is appointing a guardian ad litem and making the kids a party to the proceedings. He then more or less begged me to carry on seeing the kids until the guardian could take some action in our case. I politely said no as I feel the kids are suffering now and the court system can do nothing about it.

Can anyone advise what a GAL does exactly? I have the feeling it will be another CAFCASS person doing what they have already done i.e a report saying yes I should be seeing kids etc which will achieve nothing unless my ex suddenly decides she wants me to see the kids. I really cannot see the point of going down this same route again and staying in the court system.

  • Fiona
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06 May 12 #328658 by Fiona
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GALs are employed by CAFCASS and represent the interests of children separately from parents in court. It isn''t the same thing as a welfare report and a GAL may help get better assessments and interventions to address the root cause of the problem.

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06 May 12 #328684 by chelsea02
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Thank you for your reply. Does this not mean though it will mean another few months in the system ending in my ex being told she must do this and that with the kids so I see them which she will ignore or make so difficult that me and the kids suffer?

The most contact I''ve had is 3 hours with 2 of the 3 kids at which it must only be me who sees them.

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06 May 12 #328699 by Fiona
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The thing is if you give up there is no guarantee your ex or children will come round and not all the stones have yet been overturned.

I don''t know what has already been tried, but when alienation is mild sometimes contact can be resumed by providing both parents with information about the problem in a non blaming way along with mediation over contact arrangements. If alienation is more serious or longstanding professionals can work with the family and, for example, collect children from somewhere neutral and bring them along for contact. Independent expert witnesses such psychiatrists or psychologists may be instructed to report and recommend a way forward.

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