VIC What happens if children aged 13 & 15 refuse to see their father?

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Familylaw101

Well-Known Member
25 January 2019
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0
121
Hi,

I'm just wondering what occurs when there is a family parenting order in place that says the parents are to have 50/50 joint custody and decision making of the children with the following that has occurred:

- The alleged sexual actions of the father in the past towards the children which was investigated however not enough offending had taken place for charges to be laid

- The children (teenagers) are both very mature individuals and clearly state that they refuse to see their father due to the allegations that allegedly took place

- Will the mother be in trouble if the children refuse to see their father despite their age and maturity and circumstances?

- What truly happens if you do not show up to family court for something like a contravention hearing?

- Can you really force a 95kg 6 foot 2, 15 year old and a 5 foot 11 13 year old girl to attend their father's place even though they refuse to?

- Do children ever have a voice for themselves or is that what the world want's them to believe?

Thanks in advance
 

sammy01

Well-Known Member
27 September 2015
3,939
561
2,894
Will the mother be in trouble if she doesn't show up to court? costs ordered against you - so you pay dad's legal bills. The debt can be onsold to a collection agency and eventually, cause all sorts of problems. Oh and the courts do have the capacity to inprison, fine, good behaviour bond, make an order stopping the kids from living with you... So nope nothing too serious.

what happens if 15 yr old and 13 yr old refuse to go to the dentist? school? doctor?

The law states the opinions of the kids will be taken into consideration. BUT this is only one factor.
 

Familylaw101

Well-Known Member
25 January 2019
30
0
121
Finally a decent answer to a simple question, I've been hearing all sorts of answers and nothing has ever been as specific as this so thank you.

Regarding one factor as in the children having a voice, how seriously is this factor taken into account?

Like for instance if there is a report from children services, authorities and various psychologists whom agree with what the children are saying but a court appointed psychologist says otherwise how much would a judge take into account the recommendations of a court appointed psychologist over child services, their independent children's lawyers and their school counsellors and psychologists whom they have been seeing since the allegations that all state the complete opposite to 1 court appointed psychological report?

Thank you


Will the mother be in trouble if she doesn't show up to court? costs ordered against you - so you pay dad's legal bills. The debt can be onsold to a collection agency and eventually, cause all sorts of problems. Oh and the courts do have the capacity to inprison, fine, good behaviour bond, make an order stopping the kids from living with you... So nope nothing too serious.

what happens if 15 yr old and 13 yr old refuse to go to the dentist? school? doctor?

The law states the opinions of the kids will be taken into consideration. BUT this is only one factor.
 

Familylaw101

Well-Known Member
25 January 2019
30
0
121
Thank you best answers so far and as confusing as some of these sections sound I'm sure I'll get my head around it.

consequences for not complying
Compliance with parenting orders - Federal Circuit Court of Australia
Next
read all of this but especial the bit with the title "Assessing the best interests of the child"
The best interests principle | ALRC
Now on face value, you've got a good case. BUT if the allegations have not been proven / established then they didn't happen.
 

hshkara

Well-Known Member
14 July 2019
20
0
121
Hi,

I'm just wondering what occurs when there is a family parenting order in place that says the parents are to have 50/50 joint custody and decision making of the children with the following that has occurred:

- The alleged sexual actions of the father in the past towards the children which was investigated however not enough offending had taken place for charges to be laid

- The children (teenagers) are both very mature individuals and clearly state that they refuse to see their father due to the allegations that allegedly took place

- Will the mother be in trouble if the children refuse to see their father despite their age and maturity and circumstances?

- What truly happens if you do not show up to family court for something like a contravention hearing?

- Can you really force a 95kg 6 foot 2, 15 year old and a 5 foot 11 13 year old girl to attend their father's place even though they refuse to?

- Do children ever have a voice for themselves or is that what the world want's them to believe?

Thanks in advance

Courts are reluctant to force teenagers to see a parent that they do not want to see. If those views are clearly expressed by the children, it will be taken into consideration. The mother will need to put on evidence explaining that she has tried to do to get the children to see their dad.

You HAVE to turn up to a contravention hearing. They are serious matters and taken seriously by the courts and to not turn up will guarantee that you will be defenseless. You need to go and explain your position and put on evidence to that effect. You can read about contraventions in court here.