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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13214
Experience:  Barrister 17 years experience
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Could you tell me what the position is regarding a mother's

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Hi, could you tell me what the position is regarding a mother's obligation to comply with a court order in relation to her children visiting their father when the children do not want to see him for a weekend visit. The ages of the children are 15 and 13.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No this has just arisen in the past few days. The children saw their father on Wednesday and said he was acting weirdly with them, wouldn't talk to them etc. When they returned yesterday they said that they didn't want to go this weekend. I texted and phoned him to tell him the situation and that he should speak to them to resolve it but he is refusing and just demanding that he comes to take them.
JA: 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: County Kildare
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The first thing you need to realise is that once a child is 14 the child can decide which parent they wish to live with and whether they want to see a parent at all. So, in reality, a problem only exists here in relation to the 13 year old child as the older 15 year old child can decide they don't want to see their father. So, in relation to the 13 year old, if the child is strongly opposed to seeing their father because of his behaviour, then I would advise you not to force the child to go because children are usually right about these things. Essentially, the father may be suffering from mental health or emotional issues, so the child should not be placed in this situation. You should essentially allow the children to refuse to go and let the father make an application to court if he wishes to enforce the access to the children where he can explain to the court what is the reason for the children believing his behaviour was weird or irrational. Essentially, let the court make the running but don't force your children into access arrangements where the father is not treating the children properly.

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