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My 12 year old daughter doesn’t want to go to her Dads this weekend because he has been mentally abusing her (I’ve put m

Answered 2 years ago

My 12 year old daughter doesn’t want to go to her Dads this weekend because he has been mentally abusing her (I’ve put my words to her feelings). We have court orders stating that she has to go every second weekend. Is she old enough to defy court issued orders.

Mental abuse - he makes her do the monthly child support transfer so she knows how much he has to pay to see her
He has told her numerous times that he will move back to QLD (we are from WA) if he doesn’t get what he wants
He has told her he may as well kill himself because she doesn’t love him like she loves her mother
She was scared to get in the car with him the other day because he was really angry
Etc etc


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ANSWER
2 years ago
Actually you could not send her and be honest just say that she doesn't want to come this weekend and needs a break then assess from there and get some legal advice. My son is 15 and has decided not to go to his dad's anymore his dad wasn't fussed until he was supposed to pay more child support. Then he made a fuss and said he is putting in a breach of court orders. I welcome him to do that as it gives me the opportunity to air his behaviour. My son has ptsd diagnosis now from being at dad's and getting trauma focused counselling. I have a letter from 3 specialists saying he is deemed as a mature minor who has made an informed decision and they all support this and in fact recommend it to be in his best interests to not stay at dad's. Courts look at maturity of the child over the age and ability to make decisions. Abuse including emotional abuse is taken very seriously what your ex is doing is actually domestic and family violence. I would call dcp and legal aid to start with. And child support just get them to collect it so he doesn't do a transfer over.

ANSWER
2 years ago
Hi, absolutely not. You can’t just contravene a court order. You can make an urgent application to the federal circuit court under mainly section 60cc and claim abuse. There must be independent evidence to back it up. The court does not take into account a certain age and bases their findings on independent evidence, family reports or an 11F report ( Child Inclusive ). You can’t in any way stop contact. This can be deemed as not in the child’s best interests, vexatious behaviour and alienation. Not to mention a contravention of your order.

If you are absolutely sure and have a extensive evidence over a long period of time then I would apply but it does take a long time and isn’t quick by any means.

Replies

REPLY
2 years ago
Absolutely correct. 👍🏼

REPLY
2 years ago
This is the best and most correct advice. I went thru the court and it wasn’t great

ANSWER
2 years ago
Some kids tell lies

Replies

REPLY
2 years ago
As do many adults

ANSWER
2 years ago
Your daughter should engage a legal aid representative.

ANSWER
2 years ago
Your ex has depression

ANSWER
2 years ago
Yeah I agree, lawyer or legal aid asap

ANSWER
2 years ago
Id call a lawyer TOMORROW!!!! And tell your daughter to call the police if she feels unsafe while there, she can even text the police, google the text number. I think you can not send her based on what you have said, but be ready for the law to come down hard on you, thats why you need to call a lawyer tomorrow. If you dont send her, make sure you turn up at the family court with her 9am on Monday (or Tue. Coz Mon is a public holiday) so you can sort stuff out. I cant stress it enough call a lawyer, even legal aid, get advice. And also what a complete fkn bastard he is.

ANSWER
2 years ago
You really need to call a lawyer and ask this question before you do it. She can have a say in court I believe so you might have to tell her to wait until you can change the orders for her sake.