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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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My 6yr old doesnt want to stay over for one night with her

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My 6yr old doesn't want to stay over for one night with her dad and his new partner when her older sister is not staying as well. Does she have the right to choose if she goes or not?
Thank you for your question.
No she doesn't. A child under 12 is deemed to require parental input as to what is in her best interests or otherwise.
So she doesn't have the right to choose. The parents have to sort this out between themselves. If the parents are incapable of doing so the court would have to be asked to decide.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for getting back to me so quick. Unfortunately myself and her father don't have the best if relationships and it can be very difficult to reason with him. I understand what you have said but still feel bad as a parent making her go when she has she doesn't want to off her own back, that I don't want her growing up resenting me for sending her still. This only happens every so often when her sister who is 10 is on a sleep over with her friends instead of going to her dads which he is happy for her to go but demands that I should be saying no to my 6 yr old and sending her. Im just not sure whats the best way to go about this especially when their father is very difficult to talk and discuss things with without him getting hot headed.

It is the case that contact should be enjoyed as a family event so one way of dealing with it is to change the contact arrangement when your elder daughter isn't available to a time that both are. I do appreciate that it can be difficult. Time will change the relationship between you and the father but you have to accept that there will be two different views. If you are very concerned about the effect on your daughter then of course you have to support her views. The law is that the parent has to represent those views until the child reaches 12.
Customer: replied 3 years ago.

Could you elaborate more on what you mean by your last sentence please. Thank you.

A child of 12 or over is deemed to be able to express a view in contact matters. Until then the parent has to act for the child. This is part of the Children (Scotland) Act 1995.
Customer: replied 3 years ago.

Im sorry but its not letting me rate you there's no instructions on how to or links

You've already rated so no problem.