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Can a solicitor be removed from the other party due to neglect of childs rights.

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Hi there.

I have been watching a movie on Bob Geldof seems he has touched on a fiew issues that I need to raise my self.

I have noticed the change in the childrens court to making fathers have more rights and 50 % of the time spent.

My question is if the other partys solicitor is clearly following the lead of the mother what isa clearly in the best intrests could that solicitor in anyway be removed from the other parents legal council. In the way of a court ruling or such that the solicitor shoud clearly see that the actions or instructions from theyr client are not in the best intrests of the child. I feel that there should be some clause or some agreement that is made with the legal system that a solicitor should act in the best intrests of the child.
Regardless of what the mother or father would say. If the evidence is clear and there is particular circumstances that can be clearly shown then should it not be law that a solicitor should act in the best intrests of the child and inform the parent of the obligation of childs rights and or decline to represent the client.

I feel that a system that has been overhauled could leave solicitors in power to keep fighting for something that is not right or fair for the child. When a system is upgraded to alow fairness the idear of the high powers (solicitors) being able to continue to serve a client that is clearly obstructing the natural growth and welbeing of the child seems to me to be a complete failure of the intended upgrade. The upgrade being that fathers have equal rights.

This seems to me to be something that is not right there must be something in the law that states if there is clear indications that a parent is being destructive in the parenting of a child then they should stop all legal action for that party.

I have said a lot and asked a lot. but my simple point and question is. Where is the line drawn?

If a solicitor is acting for a client to make parenting arrangments and so on then they are not just acting for that person but for the person and the child that is the very reason for the solicitors need to be involved. Does this mean the solicitor is negligent in his / her duties as a legal practitioner. Is it not stated somehwere in the family law that solicitors not only have to listen to the instructions of the client but also act in the best intrests of the child?
Solicitors must give their client the best legal advice. This does not mean the client has to accept this. A solicitor will do what they are instructed to do, unless it is illegal. Some will sail closer to the wind than others.

It comes down a lot to the people skills and personality of the solicitor.

The fraternity is a subgroup of the general population, you will have the lazy, the excellent, the greedy and so on, in the mix.

A solicitor with the right personality can be very compelling and talk quite a bit of sense into people.
There are also professional guidelines which the law societies have laid down.

Best interests of the child should be (and usually is) a guiding principle followed by solicitors.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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