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What happens if your child is made a party to court proceedings (R16.4 appointments)

Making your child a party to the proceedings is a step that will only be taken when there are significant unresolved difficulties or complexities impacting your child’s welfare or when the court is concerned about their safety. The court will only do this when it has first considered appropriate alternatives. 

Under R16.4,FPR 2010 your FCA is appointed by the court as your child’s guardian. The appointment of a children’s guardian in private law proceedings is intended to enable your child to be represented independently from their parents and have their own legal representative to advocate what is in their best interests. This happens in a small number of cases when the conflict between the parents threatens to compromise the interests of the child or drown out their voice or when the case is complex for other reasons. 

The role of the Children’s Guardian is to appoint a solicitor to represent your child and to conduct the proceedings on behalf of the child and to ensure that their interests remain the focus of decisions, being mindful at all times of the need to avoid delay. 

It is not the role of your child’s guardian to provide social work support or intervention and if necessary, a referral to the local authority should be made to access appropriate services or where the child has experienced harm or is at significant risk of harm.  

When might a children’s guardian be appointed? 

The court may consider appointing a children’s guardian under Rule 16.4 where: 

  • The child has a standpoint or interest which is inconsistent with or incapable of being represented by any of the adult parties. 
  • The views and wishes of the child cannot be adequately met by a report to the court. 
  • There are complex medical or mental health issues to be determined or there are unusually complex issues to be determined. 
  • There are complex international issues aside from child abduction which may require inquiries to be undertaken abroad. 

The court should consider whether the appointment of a children’s guardian will increase its understanding of the needs and wishes of the child, and whether the child is likely to need to make legal submissions which are distinct from each of the adult parties. If not, the court may decide that a Section 7 report may be sufficient to assist the court to make a decision that is in the best interests of the child. 

What happens next? 

If the court decides to appoint a children’s guardian, Cafcass will allocate one to your child’s case. The guardian will appoint and instruct a solicitor on behalf of your child, who will provide legal advice and representation throughout the proceedings. 

The guardian will usually arrange an introductory meeting with you to explain their role and what you can expect from the process. They will gather information from those involved in your child’s life and consider what steps may be needed to achieve safe and lasting arrangements for your child. 

The guardian will also meet with your child, where appropriate, to understand their wishes, feelings and experiences. Depending on your child’s age and understanding, the solicitor may also meet with them to explain their role and listen to their views. 

How long will the children’s guardian be involved? 

The children’s guardian will remain involved for as long as their appointment is required by the court. Their role will usually end when the court has made a final decision in the proceedings, or earlier if the court determines that the appointment of a guardian is no longer necessary. 

What will these proceedings be like for me and my child?  

The children's guardian will work with you, your child and other professionals involved in your child's life to understand your family's circumstances and identify what arrangements are in your child's best interests. 

The guardian will usually meet your child soon after their appointment and may meet them again during the proceedings. Depending on their age and understanding, your child may also meet with their solicitor. The guardian may speak with teachers, social workers, health professionals and family members, and review information provided to the court. 

The guardian will explain the process to your child in a way they can understand and help ensure their wishes, feelings and experiences are heard. They will make recommendations to the court, usually in a written report, and you will receive copies of any reports filed. 

Throughout the proceedings, the guardian will keep your child's safety and wellbeing at the centre of their work and will raise any safeguarding concerns with the court or other agencies where necessary.