Yet, being denied custody doesn't necessarily mean that the judge determined that your home is unsuitable. The law does not require a parent to see their child. Any parent who allows sexual abuse to continue is him or herself engaging in an act of serious child abuse through neglect. According to Janet Johnston, a foremost researcher in children and high-conflict divorce, children up to six years old may continue to have difficulty if they've had “repeated distressing separations and maintain an anxious attachment to the parent. The child/ adolescent is frightened, worried, stressed, doesn't want to see father. If the parent follows through on this intimidation to withhold the children's time with you, you can request a child-inclusive cpnference so that both parents and a third party can ensure the children's views are heard and respected in a supportive environment. Parents can decide visitation on their own, or hire a mediator to help. Divorce - Ex Refusing to Let Me See Child. He is claiming to be my baby's daddy! Join 150,000 Australians every month. So there has to be an easier way and a more effective way to manage these cases. This article has been republished with permission. There’s no set age when children can decide where they live, or who they spend time with or communicate with. It may not display this or other websites correctly. Do Grandparents have Rights to Their Grandchildren under Family Law? You should include full details of where you will go, confirm a full itinerary will be provided and include contact numbers for hotels or relatives. What happens if children aged 13 & 15 refuse to see their father? It is not considered a contravention of Court Orders if the party who is alleged to have contravened has a reasonable excuse for failing to comply with the Court Orders. On each occasion that this occurred the mother drove off with the children and the visit with the father did not go ahead. Legal Forums. FREE - Join Now. Obviously, this is one of the most distressing things that separated parents can go through, so they need good sound advice, both from a legal and practical point of view. The Court usually requires a certificate from a family dispute resolution practitioner before a case abou… However, as a rule of thumb for parents in this situation who want to know if they could be found to be in breach of Court Orders without a reasonable excuse, the following may serve as a guide for what they need to do: After implementing these strategies on a few occasions, hopefully, your child will be more willing to spend time with the other parent. Family dispute resolution (also known as mediation) is required before you can start court proceedings about children, unless your case is urgent or involves some exceptional factors such as family violence. These include: following discharge from hospital ; two weeks; four weeks; eight weeks; four months; eight months; one year; 18 months; two years; three and a half years. 2. child’s level of maturity: In this regard the Court is assisted by a … However, if after taking these steps you are still facing a child who adamantly does not want to spend time with the other parent and that contact does not go ahead, at least you will likely be better placed to argue that you had a reasonable excuse for contravening the Court Orders, than would be the case if you were the mother in the case that we considered above who did nothing more than drive the children to the handover place and sit silently as they expressed their wish not to go with their father. She reasoned that after all she couldn’t force the children to go with their father against their wishes, right? 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