UK Family Law
UK Family Law Questions Answered by Verified Experts
let me see if I can help and please rate positive.
The starting point is that you would have to make an application to vary or discharge the original order if she is basically refusing to attend contact. You can apply to the court on a form C100. I would always try and speak to the father if at all possible to see if agreement to vary can be reached (mediation may well assist) but if not then the application to the court. The court will want to hear what your daughter says and cafcass may well want to meet with her to discuss. There are some excellent books on this topic available on amazon - http://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X
Happy to discuss - please rate positive.
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My name is ***** ***** I have been a family lawyer for more than 30 years.
Your daughter is at an age where whilst the Court will wish to hear her wishes they will not necessarily abide by them.
Indeed last year a High Court judge ruled that a mother had to force a 14 year old boy to attend contact by way of threats to remove his electronics.
Fortunately most lower court Judges will take a much less extreme view
first move do ask her school if they have any counselling options to see if your daughter will explain her reluctance and the reason she objects to going - this may be important
With regard to your ex your starting point HAS to be family mediation - it is compulsory - and you should choose a mediator trained to work with young people. This will ensure that if the matter does go to court you will have some independent record of her wishes.
If that fails then a Court application is indeed your only option
I see that my colleague has agreed with my view on this matter. If you have any further questions then please do not hesitate to ask.