Request for Question Clarification by
cynthia-ga
on
13 Apr 2006 18:40 PDT
I assume that the separation (relocation) was allowed by the family
court. Generally, 12 years old is not old enough to decide to refuse a
visitation order. There would have to be extenuating circumstances to
create a new modification order. At 12, the state (Alabama) doesn't
really matter, even states that do allow children to refuse, do so at
a later age.
Look at these:
Kid's Visitation Woes
http://www1.divorcenet.com/bbs/showflat.php?Cat=&Number=115961&Main=115812
Another forum exchange:
http://community.lawyers.com/messageboards/message.asp?channelId=2&subId=&mId=657259&mbId=6
..."re: 14 child refuses visitation
By: Ford
Date: 6/11/2005 3:20:29 PM
"My 14 year old son refuses to visit father."
If he refused to go to school what would you do? Punish him? Force him?
Giving effect to the child's wish not to go on visitation can put you
in contempt of the court order. It can indicate that you cannot
control the child. It can be a basis for the NCP to seek custody.
"I am not preventing the visitation. I am trying to support son in his choice"
You are not encouraging the son's visit, and supporting the son in
violating the order is NOT proper.
"I am wondering if a 14 year old in N.Y. is old enough to have input."
They express a preference. A judge gives it weight with regard to how
reasonable and mature the child's explanation is.
You are going about this all the wrong way. You are giving up control
to the child..."
You can see where this is leading. 12 is too young to decide, you must
enforce the order or your refusal to get your daughter on the
plane/train can be construed as contempt, or at worst, an inability to
be able to control the child and used as a basis for the non-custodial
parent to sue for full custody.
Also, there is this Essay if you care to buy it:
WHEN CHILDREN REFUSE TO VISIT PARENTS: Is Prison an Appropriate Remedy?
http://www.blackwell-synergy.com/doi/abs/10.1111/j.174-1617.1999.tb00530.x?cookieSet=1&journalCode=fcre
A Law School Essay, costs $29.00 to view. Synopsis:
..."Courts are frequently confronted with children who, regardless of
court orders, refuse to visit their noncustodial parents. This article
examines the possible alternatives to holding a child, or parent, in
contempt for such behavior. Furthermore, solutions and ideas that
better serve the needs of children and parents in these highly
volatile family situations will also be explored..."
Does this answer your question?
