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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters father hasnt been in her life since she was 16

Customer Question

My daughters father hasnt been in her life since she was 16 months old (shes now 10 years old) and that was through a contact centre and was stopped because he hit me.. he is now demanding to see her and im just wondering what our rights our... mine and my daughters. She has told me she doesnt want to see him but i dont want to seem like im putting words in her mouth... if he takes me to court what would be the likely outcome.. thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Your daughter has a right to a relationship with her father and this can only be reasonably withheld if there are concerns about the level of care he provides her or child protection issues. Despite her views, if he took the matter to court, the court will take into account her views but she is too young for her views to take precedence.Initially it may be in her best interest to agree to contact in a contact centre so that it can be monitored and a decision can be made as to whether contact should progress.For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you