Can my guardians make decisions without asking me what I want?This is a featured page


Before making any important decisions about your health, education, religion or upbringing, your guardian or guardians should ask what you think and take your wishes seriously.[36] While guardians must find out what you want and must take your views seriously, they do not have to do what you want them to. Your views will carry greater weight as you become older and able to think about the benefits and disadvantages of any decision that needs to be made.[37]

If I am unhappy about a decision my guardians make what can I do?


If you are 14 years or older and your guardian makes a decision about you that you do not agree with you can ask the Court to give a second opinion on the guardian's decision[38]. You can ask for this whether your guardian is Child, Youth and Family, a community agency or a foster parent. The Court can overturn the decision and make any order it considers will be in your best interests.

How does the Court decide what happens to me?


Before deciding whether to make a custody order or guardianship order the Court must look at a social work report from a Child, Youth and Family social worker.[39] The report must contain information about your personal and family background. In nearly all cases the Court will also, before making an order, ask for a care plan. The care plan will usually be prepared or approved by a Child, Youth and Family social worker:[40] In reaching a decision the Court must treat your welfare and interests as the most important consideration.[41]




[36] Article 12 U.N Convention on the Rights of the Child, s5(d) & (e)(ii) CYPF Act, s5 & s15(1)(b) Care of Children Act and Gillick principle formulated in Gillick v West Norfolk and Wisbech Area Health Authority (1985) 3 All ER 402.
[37] s5(d) CYPF Act, s5 Care of Children Act 2004, Article 12 U.N Convention on the Rights of the Child,
[38] s116(2)CYPF Act
[39] s186 CYPF Act
[40] ss128,129 CYPF Act
[41] s23 CYPF Act



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NehaYL 		Latest page update: made by NehaYL , Jun 29 2009, 10:09 PM EDT (about this update About This Update NehaYL Edited by NehaYL


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