Dealing with a situation where a child refuses to spend time with the other parent can be challenging. It is a common dilemma, and while there is no one-size-fits-all solution, here are some practical tips from Bennett Carroll Solicitors to navigate this delicate issue.
Legally, the primary carer is obliged to facilitate contact time. However, it is crucial to assess the unique circumstances of each case. Factors to consider include the child’s age and maturity, the history of family proceedings, any instances of family violence, and existing court orders regarding parental contact.
As a parent, if your child is resisting spending time with the other parent, it is your responsibility to encourage and comply positively with court orders, if applicable. Failure to do so may lead to breaches of court orders unless there is a “reasonable excuse.”
Consistent positive reinforcement from you can help encourage your child to become more willing to spend time with the other parent. Here are some practical steps you can take regularly:
- Ensure the child is physically taken to the designated changeover location as per the court order.
- Encourage the child positively before they leave for the other parent’s place, highlighting the fun they will have.
- Maintain a positive and supportive attitude towards the child’s time with the other parent through your body language and conversations.
- Discuss with the child the activities they can enjoy with the other parent, focusing on the positives.
- Engage in post-visit conversations with the child, discussing their time with the other parent and emphasising the positive aspects.
If despite your efforts, the child remains adamant about not spending time with the other parent, and the visit does not proceed, you may have grounds for a “reasonable excuse” for contravening the court order.
However, if you believe that spending time with the other parent poses a serious risk to the child’s physical or psychological well-being; it is crucial to seek immediate legal assistance. In such cases, balancing your duty to protect the child against facilitating parental contact is paramount.
Bennett Carroll Solicitors are experts in various aspects of Family Law, including parenting arrangements. We can provide you with guidance to understand your options and achieve the best outcomes during separation. Contact us today to arrange a no-obligation fixed-fee initial consultation.
If you need assistance with family law or any other legal matter, contact our experienced lawyers at Bennett Carroll Solicitors. We have offices in Brisbane (Stafford and Upper Mount Gravatt), Gold Coast (Mermaid Beach) and Sunshine Coast (Kawana/Birtinya). Call us on 1300 334 566 today.
