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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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child refuses whats her rights

Resolved Question:

Hi my 6 year old refuses to go with her dad i have tried everything apart from dragging her and it's a court order she go but she says she is not going as he shouts and hits her, and tell her to play in her room.what can i do as he is taking me back to court.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You have to ask the court to vary the contact order on the basis that it is not working. The court has to be told that you have done everything you can to encourage her but that it is now become too difficult and upsetting for your daughter.

You are no deliberately refusing to give him contact. It has just become impossible and it appears to be because he isn't behaving correctly towards her.

I presume your solicitor will take a detailed statement from you and will advise the court of the position for you.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
if i have done all that i think i can do can the court make me body force her
Expert:  JGM replied 3 years ago.
No, but the court has to be convinced that you have done all that you can as you don't want to be found in contempt of the court order.
Customer: replied 3 years ago.
how can u convince him i have done all i can in my eyes i have
Expert:  JGM replied 3 years ago.
By narrating to the court everything that has happened and everything you have done to encourage contact.

A letter from your lawyer to him outlining this would also be of help.
Customer: replied 3 years ago.
with what i have told you i have tried do you think it's enough for the court. As i am trying to get her to go, she kicks her shoes off and won't put them on.
Expert:  JGM replied 3 years ago.
It's enough for the court in that the court won't find you in contempt. Alternative arrangements are likely to be explored by the court, such as supervised contact etc.
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