Hi.
My children have been making it clear to me for many years that they are unhappy with the current court-ordered contact arrangement.
They have actually asked me on several occasions if anything can be done, but they feel afraid of telling their mother what they want (equal time with each parent) because of how much it will upset her (due to emotional guilt she places on them regularly.)
I have taken this matter to court a few times now. On each occasion they have dismissed what I've said entirely.
This time, I asked to the children's views to be sought via child-inclusive mediation, something that was recommended by the cafcass officer that wrote the safeguaring report, but a different officer came out against during the FHDRA.
The court have yet again decided not to actually ask the children for their views. The children are currently 12 and 10.
It was my understanding that the courts were supposed to consider (and yes, not always act on) the ascertainable views of the children. How can they do this if children are never given an opportunity to give their views?
Does anyone have any advice on how to proceed? The court makes it clear that the children should not be aware of court proceedings, yet in this instance the children are the ones who asked me to start proceedings. Yet the court simply listens to the mother and not me. In fact, I could be remembering this from a biased point of view, but I'm fairly sure the judge kept interrupting me and stopping me from making my points, while allowing the mother to talk freely and uninterrupted for quite a long time, not actually addressing the question she was asked until the very end.
In the end, the court decided not to direct the parties to engage in child-inclusive mediation, but did schedule a final hearing. This will be pointless without the voices of the children being heard!
My children have been making it clear to me for many years that they are unhappy with the current court-ordered contact arrangement.
They have actually asked me on several occasions if anything can be done, but they feel afraid of telling their mother what they want (equal time with each parent) because of how much it will upset her (due to emotional guilt she places on them regularly.)
I have taken this matter to court a few times now. On each occasion they have dismissed what I've said entirely.
This time, I asked to the children's views to be sought via child-inclusive mediation, something that was recommended by the cafcass officer that wrote the safeguaring report, but a different officer came out against during the FHDRA.
The court have yet again decided not to actually ask the children for their views. The children are currently 12 and 10.
It was my understanding that the courts were supposed to consider (and yes, not always act on) the ascertainable views of the children. How can they do this if children are never given an opportunity to give their views?
Does anyone have any advice on how to proceed? The court makes it clear that the children should not be aware of court proceedings, yet in this instance the children are the ones who asked me to start proceedings. Yet the court simply listens to the mother and not me. In fact, I could be remembering this from a biased point of view, but I'm fairly sure the judge kept interrupting me and stopping me from making my points, while allowing the mother to talk freely and uninterrupted for quite a long time, not actually addressing the question she was asked until the very end.
In the end, the court decided not to direct the parties to engage in child-inclusive mediation, but did schedule a final hearing. This will be pointless without the voices of the children being heard!