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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son who is 12 doesnt want to go around to his dads house

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My son who is 12 doesnt want to go around to his dads house at the weekend. We have a mutual agreement about visitation. My ex husband is demanding that he will pick Jack up regardless of what Jack wants. What are our rights X Sharon
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Are there any court orders in place and why does your son not wish to go?
Customer: replied 4 years ago.

There are no court orders, we divorced and made a mutual agreement about visitation, which has worked for 10 years, without any stress or animosity. Jack has had a sleeping problem, in which he can't just go to sleep without the tv or something in the back ground. He was sharing a bedroom with his dad every other weekend when he stayed there, this has been going on for about 6 years and so the sleeping problem never occured because he had the security of his dad in the room. Just before the summer holiday this year, I pushed my ex to get on and complete Jacks bedroom, so he would have his own space and privacy. The bedroom got complete and Jack then started having the sleep problem at his house. After several incidents Jack has not wanted to sleep round there at all and will only see his dad when he is assured that he will come home at the end of the evening. My ex Jason is very controling and strict and although I have suggest to compromise with Jack he still insists Jack be in bed by 10 lights off. Many thanks Sharon X

Have you arranged for the sleep problem to be investigated at all?
Customer: replied 4 years ago.

We went trhough the doctors and sessions about 4 years ago, nothing helped and I had tried most of it already.He shares a bedroom with a little brother and sister so he cant really have the tv on till late but he makes a comfy bed up on the sofa in the lounge and falls asleep watching films about 12 or 1 ish. Thats how we have compromised at home, sometimes he does fall asleep in bed. He gets up good as gold in the morning for school and his school work doesn't suffer. Hes happy and so are we as a family

Since there is no Order in place you can refuse the overnight contact at this stage - and if he does go to court then the wishes of your son woudl be the deciding factor because of his age.
One way to try and resolve this without court intervention would be to try Family mediation ( and a mediator trained to work with young people may help your ex understand that he needs to work with his sin to resolve the matter
I hope that this is of assistance - please ask if you need further details
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