Thank you for your reply and clarification.
1) Since there are court orders in place you are unfortunately required to comply with those orders or you face being in contempt of court. Even if he does not want to go, the father can enforce his rights against you by filing the motion for contempt.
2) In Florida there is no specific age where a child is given the legal right to make an adult decision as to whether to discontinue a visit. Only the parents or the court can make such a decision. The law does allow a child to state a preference and articulate their reasons why they do not wish to visit, but such statements are not controlling. The judge would have to review the totality of the circumstances to warrant the suspension of visits with the father or a modification.
It would be upto the judge to allow the minor child to voice their preference at court. In general greater weight is placed on a child who is in his later teens (14 and up). But if your child can articulate a comprehensible reason, then he may be allowed to talk to the judge.
3) With that said, you do have grounds to request a change in visitation. Anytime there is an environment which is exposing the child to a risk of harm, abuse or neglect, that is considered a change in circumstances to petition the court for a modification review hearing. If the court has never been informed about the father's arrest, his Domestic Violence
and his current mental status, that would be considered significant to request a review hearing to see if the visitations should be changed or suspended (or at least supervised) for the best interests of the child. This would require petitioning the court for a modification of the current parenting arrangements. From there the child may be able to state his preference for the judge to make the decision. But if no court action is taken, the current court orders stand and father can enforce his rights if you do not comply, regardless if the child refuses.
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