access to child / court etc - 2 questions

TBagpuss

Yes, your daughter's views would be taken into account. T|he court has to make a decision based on what is in the best interest of the specifc child concered, and to help them to do so they consider the 'Welfare Checklist' which is set out in the Children Act

In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b)his physical, emotional and educational needs;
(c)the likely effect on him of any change in his circumstances;
(d)his age, sex, background and any characteristics of his which the court considers relevant;
(e)any harm which he has suffered or is at risk of suffering;
(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
(g)the range of powers available to the court under this Act in the proceedings in question

The lost doesn't prevent them from taking into account other factors, and it isn't a hierarchy - thigs at the top of the list are not more important than things lower down.

There is not a set age where the child's wishes and feelings become the main consideration but it would be unusual for a Court to make an order which was contrary to the clearly expressed wishes of a 13 or 14 year old (unless their wishes were likely to put them at risk of serious harm, for instance if they wanted to move to live with a known abuser!)

Normally a child would be seen by Cafcass (this might be at home, or school) and the Cafcass Officer would then report back to the court, it is unusual for a child to attend court but sometimes an older teenager may do so if they themselves wish to. it would be up to the Judge to decide whether to allow this. A teenager could also write a letter for the Judge to be passed on via Cafcass.

The father having breached the oder in the past would not necessarily be given a hige amount of weight, as in Children Act cases a court is looking forward not back, so he would not be punished for ealrier breaches, but having said that, it would potentially be relevant in considering the things such as how capable he is of meeting his daughter's needs, bearing in mind that that includes emotional needs. It would probably be a factor in deciding what level of cotnac tmight be appropriate and how quickly it should progress.

In relation to a partner - when Cfcass are incviolved, they speak to whoever they think is relevant,. This would normally include all adults in the hosuehold of the parents. The partner wasn't, from what you say, actually a party to the proceedings so wasn't strictly bound by the order, but if she was harassing you that could be dealt with separately via the police.

However, it is possible to add conditions to a contact order, for example it would be possible to have a condition that any communication about contact be in writing from Dad or his solicitor, or that no-one other than him would be present for any direct cotnact (if that were something which was planned)

Guest101

I'd approach the police again, but this time with a pre-written statement.


Clearly highlight the offence and ask what they intend to do. If they fail to act go see the PCC

mum2one

to update.... I have no more hassle from any of the family... whether the saying no news is good news I dont know...

But

Had a call from the police office dealing with the case, I can presume that they had looked at previous complaints - but they have asked can they come and have a chat regarding the historic events that had been reported to them.

With the PC on holiday / I'm away - were looking at mid Sept - so whether its a paper exercise I dont know - but if I was given the option I would like the previous allegations to be dealt with x

Guest101

That means potentially court, called as a witness and more hassle, up to you but personally I'd let sleeping dogs lie

Vikipollard

OP, why are you asking the question? Is there some suggestion that he will be trying to gain access to your DD in the near future?

Apologies if I've missed it in the other posts though.

I personally would take the opportunity to speak with the officer, if for no other reason than they have a full picture of the potential risk to both you and DD. If they are able to, whether you choose to pursue it is a matter for you to decide.

mum2one

He has crawled out of the woodwork again, - it was his new partner / her children - being the mouthpiece - as there was / is part of the one of the interim court order that he was not to contact me.

With the latest episode he is threatening me with court action for breaching court order ( haven't I can say I'm 100% right from my side) but from his side there's breaches galore.

We've been through so much the drama caused had dd in counselling twice, 1st - to help her come to terms with him coming back into her life - then the 2nd batch to help her understand why he has dumped her from a great him height.

He's threatening to get to her - just wondered if anyone else been through anything similar - how they coped etc.

Re the police - I know it's going to open a can of worms - but for them to review the issues - there must be an element of concern - would also be a safety concern for dd.

X

mum2one

Guest101 wrote: »

That means potentially court, called as a witness and more hassle, up to you but personally I'd let sleeping dogs lie

It's a difficult one - all events are historical but they had a major impact on my life, from terms of new relationships, trust issues, and to be honest the mental stress.

I'all ask when u I go to see them whether there looking at a case or just filling in the blanks, I need closure and I can't when it's all been takes up again x