The unpleasant and aggressive climate at the other parent’s house is making my child refuse to go there. Ex still resides with current SO despite a DV restraining order against them. The child expresses their frustration at fights and having to stay at hotels or their parents’ friends’ houses as a result of these fights. “You (I) don’t have control over who I am with or who I trust with my child,” the child’s parent says. since of the SO’s and the other parents’ violent behavior, I had already attempted to obtain emergency custody and our own restraining order for the child; however, my application was turned down since there had been no “physical violence towards us.” How can I safeguard my child’s pleasure and well-being?
Any child who is not yet a legal adult is not allowed to refuse visitation, it can result to legal trouble. A Court often considers the age and maturity of the child, older children and also teenagers may not have more influence over visitation decisions instead a mature child’s wishes are taken more seriously, especially if they can articulate valid reasons, for refusing visitation.
If a parent has been abusive or frightening due to poor anger management skills and/or substance use problems, the child may reasonably want to avoid visitation. Refusing visitation can be considered justified when the problems in this parent’s behavior have been documented and corroborated—there’s a history of unhealthy interactions, not just one parent’s story against another’s
Hey, I’m not entirely sure at what age kids can decide not to communicate with one of their parents. From what I understand, according to the Children Act, they take into account things like the child’s age, maturity, and what’s best for them when deciding how much weight to give the child’s wishes and feelings in custody disputes.
Legally, kids under 18 can’t refuse visits with the other parent. But as any parent knows, forcing teenagers to do something they hate (like seeing their other parent) can be a battle.