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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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GhMy 7yr old daughter doesnt want to see her dad.i took a non-molestation

Customer Question

GhMy 7yr old daughter doesnt want to see her dad.i took a non-molestation order out against him as he was an alcholic n my daughter was finding empty bottles around the garden and in the shed.we sat down at the court and my solicitor mediated and we both agreed on visitation rights n that if he drank or had been drinking before or around katie visitation was terminated.anyway on 1 occasion he did turn up drunk n totally terrified my daughter so I said he couldnt see her daughter has told me and her paternal nan and even het dad she doesnt want anything to do with him and she is now saying her paternal nan made her make him a card and put I love u daddy in it and my daughter said she didnt want to but did it anyway.he is now saying he is taking it to court and I wont have a leg to stand on and the court will make her see him even though she doesnt want to.i have heard in court cases that this can there anything I can do so she cannot be forced to see him?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
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.
Has he actually applied to the court for contact?
have you considered using a Contact Centre?
Customer: replied 4 years ago.

he hasnt applied to the court yet but is saying that decision is on hold for the moment.i suggestd a contact center but he refused saying it wouldnt be fair for her to have to go through that.he wants contact with just him and her.he says he isnt drinking anymore but he has said that before.

Expert:  Clare replied 4 years ago.
Please do not worry about the Card - the court will not see it as proof of anything.At at 7 your daughter is not old enough to decide whether or not she has contact - however the court will wish to be certain that any contact takes place in a safe environment - and with that in mind it is very likely that it will start at a local Contact Centre until he can show that he is capable of staying sober for contact!
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

so the fact that my daughter wil probably be severly traumatised by the decision that she HAS to see her dad when she doesnt want to will not be taken into account?at what age does a child have to be to be able to make their own decisions in life?