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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a divorcee. I cannot comply with the law as my children

Resolved Question:

I am a divorcee. I cannot comply with the law as my children (aged 7 and 4) are in fear of their father, even after the welfare have spoken to them. They are terrified of the man. Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact has actually been ordered?
Clare
Customer: replied 2 years ago.

Judge said to obtain a welfare person to talk to the children (girls). The welfare woman tried many times to coax them to see their father but they both said No. The woman then informed me that irregardless, they will have to see their father. It is the law. She told the children that she would be at the handover but the children, in tears said that they did not want to see their father. (10 years ago the father was convicted in dealing with class A drugs in R. Ireland and received a 2 yr. suspended sentence.) (If that has any bearing on the matter)

Expert:  Clare replied 2 years ago.
Hi
When is the contact meant to take place?
Clare
Customer: replied 2 years ago.

At a stipulated time agreed by both parties.

Customer: replied 2 years ago.

At a stipulated time agreed by both parties

Expert:  Clare replied 2 years ago.
Hi
How soon is the next one meant to happen?
Clare
Customer: replied 2 years ago.

7 days

Customer: replied 2 years ago.

7 days time

Expert:  Clare replied 2 years ago.
Hi
Where is the contact meant to take place?
When did they last see him?
Clare
Customer: replied 2 years ago.

Last seen June 2014. Place of contact to be ascertained but could be within one mile of the children's home. I need to know what rights children of this age have when they DO NOT WISH TO SEE THEIR FATHER? (sorry, I am not shouting) Thank you.

Expert:  Clare replied 2 years ago.
Hi
You have every reason to shout so please do not worry.
The problem is that your children are still of the age where their capacity for expressing views which are independent of the main carer is limited.
On that basis there is an assumption that the refusal is connected to you rather than being their own view and on that basis their rights are limited.
If they do not attend contact it will be seen as your disobeying the court order and you will fac ethe consequences
Realistically your best chance is to arrange a meeting at the office of the Worker and have the children there when their father arrives.
You need to reassure them that being in the same room is fine and they do not have to interact with him if they do not wish to do so
The only other very slim chance is to try and obtain separate representation for the children - this charity MAY be able to assist
https://www.nyas.net/
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you