I have a court order that states that my daughter (aged 16) needs to have supervised contact with her mother on weekends. However my daughter is very much resistant on not meeting her, and gets stressed about this. If she doesnt meet her mother, then would it mean contempt of court by me ? Is there any solution for this like signing a petition or get a statement from my daughter?
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Court order for supervised contact
- Thread starter Wilkins
- Start date
This sounds strange, how old is the order? Didn't the court assess your daughter's wishes and feelings about seeing your ex?
Ordinarily a 16 year old would be entitled to make their own decision about seeing either of their parents. If she does not go, your ex could try to enforce the order. If your daughter is Gillick Competent and safe with you, I cannot see the court enforcing or making another order. Most kids are Gillick Competent by the age of 12 or 13.
Ordinarily a 16 year old would be entitled to make their own decision about seeing either of their parents. If she does not go, your ex could try to enforce the order. If your daughter is Gillick Competent and safe with you, I cannot see the court enforcing or making another order. Most kids are Gillick Competent by the age of 12 or 13.
The court order is 2 months old and regarding my daughter, she will turn 16 in 3 months, so technically still 15 (sorry for confusion). Court has asked CAFCASS to be engaged but that is yet to be scheduled and in the meantime, court has ordered for meetings to happen every weekend. I spoke to my solicitor as well about this, but his response is that if kid doesn't go, then court can see this as alienation and make wrong impression of me during the next hearing. But my daughter is so upset about all this and disagreeing on meeting mother. This has become a complex situation for me, as I don't want to showcase myself as denying court orders, but at the same time I can't forcefully get my daughter to meet her mother.
All I say here is to my knowledge, I am open to correction.
The order to spend time with a parent is legally binding until a child is 16. Aside from exceptional circumstances, orders on time with the other parent expire at age 16. From that age, a competent child not subject to pronounced welfare concerns. Can make their own decision.
Solicitors are liable to offer advice that involves invoices to you for their services. Having said that, you may be in a situation where your ex has a chance of making mud stick and the solicitor might be protecting you.
How independent are your daughter's views on having supervised time with your ex?
If they are totally independent. What is their basis?
I would think about a couple of things:
1. Explain the possible consequences of not following the order to your daughter. Try to use this as a basis for playing along with the arrangement. At least initially. If people supervising the visits can report that your daughter turned up due to your encouragement. But, things quickly fell apart because she did not want to be there. That is better than not even getting started.
2. Attend family therapy with your daughter and have these conversations with the assistance of an independent third party. This would make a record of your attempts to encourage supervised time, and your daughter's refusal.
I am tempted to say ignore the order, they cannot force a 15.75 year old, she'll be 16 before this gets anywhere.
But, your solicitor's advice and a court order against the wishes of a child this age. Make me cautious that something else is going on here.
I fear the court is not satisfied with your position. If it was, I cannot see how the order of 2 months ago would have come about.
The order to spend time with a parent is legally binding until a child is 16. Aside from exceptional circumstances, orders on time with the other parent expire at age 16. From that age, a competent child not subject to pronounced welfare concerns. Can make their own decision.
Solicitors are liable to offer advice that involves invoices to you for their services. Having said that, you may be in a situation where your ex has a chance of making mud stick and the solicitor might be protecting you.
How independent are your daughter's views on having supervised time with your ex?
If they are totally independent. What is their basis?
I would think about a couple of things:
1. Explain the possible consequences of not following the order to your daughter. Try to use this as a basis for playing along with the arrangement. At least initially. If people supervising the visits can report that your daughter turned up due to your encouragement. But, things quickly fell apart because she did not want to be there. That is better than not even getting started.
2. Attend family therapy with your daughter and have these conversations with the assistance of an independent third party. This would make a record of your attempts to encourage supervised time, and your daughter's refusal.
I am tempted to say ignore the order, they cannot force a 15.75 year old, she'll be 16 before this gets anywhere.
But, your solicitor's advice and a court order against the wishes of a child this age. Make me cautious that something else is going on here.
I fear the court is not satisfied with your position. If it was, I cannot see how the order of 2 months ago would have come about.
I agree with @Resolute. As your daughter is nearly 16, she is old enough to attend court at the next hearing and tell the judge herself why she doesn't want to see her mother. In the meantime, she could write to the judge herself to explain her reluctance. At least then any non-compliance with the contact order will be seen in a different light.
I know Cafcass get a bad press, but perhaps they could help your daughter. There's a section on their website for young people in need of help https://www.cafcass.gov.uk/children-and-young-people
I know Cafcass get a bad press, but perhaps they could help your daughter. There's a section on their website for young people in need of help https://www.cafcass.gov.uk/children-and-young-people
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