Answer
When you go through a divorce or separation, you should make an agreement that allows your child to see both parents. When you can't agree, the court can issue a Child Arrangement Order that must be followed.
When your child says they don’t want to see a parent, though, the situation gets quite complicated.
A child can legally decide who they want to live with from the age of 16, but there’s no section of the law that says when they can decide not to see a parent any more.
What to do if a child refuses contact with the other parent
First, you should talk to your child to work out why they don’t want to see their parent. If it’s something that Child Mediation could resolve, it's probably quicker and less traumatic than going through the court.
When that doesn’t work, the case will often go to court. Here, the child’s feelings and wishes will be considered (regardless of their age), and the judge will want to make sure your child understands what is happening and the result of their decision. This is documented through conversations and Cafcass reports.
If your child is in danger as a result of having contact with a parent, the court will always put their safety first.
In all cases, though, your child’s best interests will always be priority.
What age can a child decide which parent to live with?
Legally, a child cannot decide who they want to live with until they are 16. This might even be extended to 17 or 18 if a Child Arrangement Order is in place.
Up until that time, those who have Parental Responsibility are the only ones who can make those decisions (besides a court).
Child doesn't want to visit father uk
If your child doesn’t want to visit their father, you might want to speak with a Family Law Expert.
However, in the meantime, you should encourage contact and follow the plan you and your co-parent (or the court) put in place. Failure to do so might result in the order being changed, being fined or told to pay compensation or receiving a Community Sentence (which involves up to 200 hours of unpaid work).
If you’re a father unsure of what rights you have, our expert Fathers Rights team can help you. At GloverPriest Solicitors, we represent mothers and fathers alike to make sure both of your voices are heard when it comes to matters involving children.
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If things start to go wrong in family life, we know that it can be a difficult and emotional time. Whatever stage you’re at, GloverPriest’s Family Law Solicitors will be there to support you through it all.