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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35043
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 wife has a court order in place where her daughter must

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My wife has a court order in place where her daughter must see her father every other Thursday and every other alternative Saturday. The child gets extremely upset at going to these visits. They are unsupervised. The child has even said they are scared to visit him. Is there anything that can be done to cease these court ordered visits?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is the child?

Customer: replied 1 year ago.
She is 8, turning 9 in February. The father has had no contact with the child since the age of 1 and then went to court for access 1 year ago.
Customer: replied 1 year ago.
Have you been able to find anything at all?

That is a large gap.

Has she said why is she is scared of the visits

Have the school raised any concerns about her?

Customer: replied 1 year ago.
The school have raised no concerns over her at all.The child has change her known as name from her actual name to a preferred name. No deed poll change as this requires fathers agreement. He has discovered this change and is unhappy about it. He has proceed to shout and scream at my wife to change this back. Whilst in full view of his daughter. This has caused some distress with the child.

Is the correct name used as school and everywhere official?

Customer: replied 1 year ago.
Her correct surname is ***** ***** official. It's only her preferred name and not used on any official documents or otherwise.

Where and when is it used?

Customer: replied 1 year ago.
Just on the front of her books. The register and all official paperwork has her birth name on it. All reports have her birth name on it.

Has she written it on?

Customer: replied 1 year ago.
She has. No teacher or official uses anything other than her birth name.

Well that will indeed explain the distress shown by the child.

However in the absence of any independent evidence of distress - such as the school raising concerns - it is unlikely that the pattern can be changed.

However once the child is 12 her wishes take more precedence and if she still wishes to reduce the contact it will be worth starting the process of mediation with a view

to making a court applictaion to reduce the contact.

It could also be worth finding out what counselling the school offers as this will be a way of helping the child deal with the conflicting emotions she currently feels.

I appreciate that this is not what you wished to hear - but it reflects the position that you are in

Clare and other Family Law Specialists are ready to help you