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#12069 - 10/22/11 04:52 PM Legal Resources
Dianne E. Offline

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Registered: 11/15/02
Posts: 2788
Loc: United States
Because we are a community that has readers from all over the world, please help by contributing your experiences and types of laws you face when fighting for the rights of your children?

Here in the US there is a group that serves as legal representation to protect the rights of children. You can Google you city, state. Do a Google search using the following: Guardian Ad Litem (your city state)

Guardian Ad Litem Law & Legal Definition

A guardian ad litem is a guardian appointed by a court to protect the interests of a minor or incompetent in a particular matter. State law and local court rules govern the appointment of guardian ad litems. Typically, the court may appoint either a lawyer or a court appointed special advocate volunteer to serve as guardian ad litem in juvenile matters, family court matters, probate matters, and domestic relations matters. The guardian ad litem is not expected to make diagnostic or therapeutic recommendations but is expected to provide an information base from which to draw resources. As authorized by law the guardian ad litem may present evidence and ensure that, where appropriate, witnesses are called and examined, including, but not limited to, foster parents and psychiatric, psychological, medical, or other expert witnesses.

A guardian ad litem must observe all statutes, rules and regulations concerning confidentiality. A guardian ad litem shall not disclose information or participate in the disclosure of information relating to an appointed case to any person who is not a party to the case, except as necessary to perform the guardian ad litem duties or as may be specifically provided by law.

Specialized training of guardian ad litems may be required, which includes, but is not limited to, the following topics:

Dynamics of child abuse and neglect issues
Factors to consider in the determining the best interest of the child, including permanency planning
Inter-relationships between family system, legal process and the child welfare system
Mediation and negotiation skills
Federal, state and local legislation and case law affecting children
Cultural and ethnic diversity and gender-specific issues
Family and domestic violence issues
Available community resources and services
Child development issues
Guardian ad litem standards

Guardian ad litems are also appointed to manage the business and personal affairs of elderly who are no longer able to handle such matters. The guardian ad litem may be responsible for bill payment, balancing bank accounts, making health care decisions, and other responsibilities. A guardian ad litem may have the authority, in the event that the incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity, to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person. The guardian ad litem also must protect the incapacitated person from abuse, neglect, abandonment, or exploitation.

Source: us legal definition

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#13609 - 07/15/12 06:49 AM Re: Legal Resources [Re: Dianne E.]
feelinghopeless Offline
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Registered: 06/20/12
Posts: 5
In my experience, in the UK, children's rights are very heavily protected for as long as they can't make decisions for themselves in legal matters.

Once they reach age 12+ then, generally speaking, they are considered old enough and their feelings and wishes are adhered to.

In the event there are abuse issues, events which you feel may put your child at risk then social services get involved. But, in my experience, when dealing with a psychopath, the ss officers are just as prone as anyone and you could end up losing your children as the psychopath will make it appear as if you are the 'bad parent'. Very tricky situation.

In the matter of an application for 'leave to remove from jurisdiction' i.e.: you want to leave the country or immediate area, then you need permission from the courts. A lengthy and costly process, however, once an application has been put forward (I think this may apply to contact/residence orders as well) then the children become wards of the court until the process is complete. In the UK, the courts put the 'best interest's" of the child/ren first and foremost after hearing all the arguments from both sides.

If you are the ex partner of a psychopath then beware of the process and insure you record everything, every instance of abuse be it psychological, verbal or physical to the police. Have a record of phone calls, text messages, voice messages and emails. Don't rise to the blame and projection of the psychopath as it makes matters worse for you. A record of this is imperative if you are to be taken seriously.

I have learned the less responsive I am to him the easier my path is, however, we have huge hurdles to overcome in the upcoming months. I've been told by my solicitor that I need not respond to any correspondence from him regardless of the content. Good advice and has helped me enormously. In the past I would respond to everything for fear of being called 'unresponsive and difficult'. Now that the matter is in the court's hand, I don't have to respond.

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