What is a Guardian in a court case about children?

The court has the power to appoint a Guardian in court proceedings regarding children.  This is often called ‘a Rule 16.4 Appointment.’ 

The Guardian is usually employed by Cafcass, but this is not always the case.  There is another organisation called NYAS which can also provide the court with a Guardian if invited to do so.

The role of the Guardian is to represent the rights of the child or children rather than either parent and to provide the court with independent advice regarding what the Guardian believes to be in their best interests.  Guardians are often appointed in complex court proceedings where relations between the parents are very hostile and it appears that the children could be at risk of being alienated from one parent by the other parent. 

The Guardian will have their own solicitor acting for them.  They will meet with the children, their parents and will consider the views of other family members and professionals who know the child and/or their parents.  They will provide a report to the court articulating their views and the report will include details of the wishes and feelings of the child. 

If you require any further assistance, or wish to book in for an initial consultation to discuss your situation, our family solicitors are based in both Wolverhampton, Cradley Heath and Sutton Coldfield 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.