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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4772
Experience:  Barrister at law
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Have a family court order in place but child refusing to go

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Have a family court order in place but child refusing to go due to dads violent behaviour smashing things where do I sat and will I have to go to midiation
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: not filed yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: All ready have a court order in place
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.


Can you tell me how old your child is please and whether you have seen this behaviour or if it is something your child is reporting to you?

plclegal and other Family Law Specialists are ready to help you
Customer: replied 5 days ago.
My child is 8 father has displayed this when living with us as a family , this is why I ended the relationship as would not have this behaviour in front of my daughter , it is my daughter that has said this but goes in to great detail crying when being told it’s contact day , school have phoned daughter upset scared dads going to come pick her up from school , went to prison for beating breaking a 5 yr ban , 5 offences in all been out I went to court so they could have contact yet the behaviour is the same with the partner he is with ,
Customer: replied 5 days ago.
Sorry will not have £44 in account cancel the call I accidentally sent
Customer: replied 5 days ago.
Sorry cancel call will not have money in account didn’t know it was £44
Customer: replied 2 days ago.
Have not been given a answer from the question you asked me that I replied to please message as it has been3 days

Hello - apologies. As you had a cancelled call request the system archived your question. It's back with me now.

If you are concerned for her safety and there is evidence of this behaviour in the past, then you have grounds to suspend contact - in my view. Really you should apply to court rather than just breach the order, and this should start with mediation first - though because there is violence involved in this scenario the mediation service may advise that this is not suitable.

Contact a mediator via the link here to get their view as to whether you can proceed straight to court: https://www.familymediationcouncil.org.uk/find-local-mediator/

It isn't always a good idea to blindly follow the wishes of an 8 year old, but in your case she has vocalised behaviour that is upsetting her and you have evidence that he has behaved like this in the past - so you have grounds to suspend it for now.

Can I clarify anything?

Customer: replied 2 days ago.
No thank you have answered every thing I needed have seen mediation today

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter