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Family Law

What is the role of a child's guardian in private children proceedings?

A guardian can be appointed by the court for the children in specified proceedings. The guardian should be an experienced social care worker. Their main job is to represent the child’s best interests throughout the legal process.

They are there to ensure the child’s voice is heard and that decisions made by the court are fair and in the child’s best interest.

The Guardian will look at all the facts and makes recommendations to the court based on what’s best for the child. They can also make important decisions during the case to protect the child’s welfare. Specifically, they will:

  • Look into the case and carry out their own investigations to understand the child’s situation fully.
  • Share their findings and views with the judge and advise the court on the best decision for the child.
  • When appropriate, they will explain what’s happening to the child and give them advice.
  • The Guardian will give instructions to the child’s lawyer to help present the child’s case in court.
  • They go to all court hearings unless the court says they don’t need to.
  • They prepare written reports for the court, explaining what they believe is in the child’s best interest.
  • After the court makes a decision, the Guardian lets the child know what was decided and what it means for them.

George Green regularly attends hearings with a guardian present. If you require advice on this point, please contact our expert family law solicitors who are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands.

For all new enquiries, please call 01902 328 365 or complete our online enquiry form and a member of our team will respond.