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Family law: Visiting: at what age can the child decide

  • 01-10-2019 8:47pm
    #1
    khalessi
    Registered Users Posts: 6,215 ✭✭✭


    That they do not want to go on court mandated visitation?


Comments

  • #2
    One eyed Jack
    Registered Users, Registered Users 2 Posts: 24,318 ✭✭✭✭One eyed Jack


    khalessi wrote: »
    That they do not want to go on court mandated visitation?


    The Courts will make that decision depending upon the particular circumstances in each case, with the best interests of the child being of paramount consideration.


  • #3
    cnocbui
    Registered Users, Registered Users 2 Posts: 20,121 ✭✭✭✭cnocbui


    I was told by my solicitor, in 2011, that it was early teens. She told me the courts had been instructed to not enforce visitation arrangements against the wishes of the child (teens).


  • #4
    khalessi
    Registered Users Posts: 6,215 ✭✭✭khalessi


    So if I go to court do I bring it up or do they speak to the child?


  • #5
    cnocbui
    Registered Users, Registered Users 2 Posts: 20,121 ✭✭✭✭cnocbui


    You would need to advise your solicitor and they would clarify that. As I understood it - in 2011 - If the court want's or needs to find out what a child want's, they of course pick the most expensive way they can think of, being a number of sessions with a psychologist resulting in a report from same.

    Fortunately in my case it didn't come to that, as it cost more than enough anyway.


  • #6
    hairyprincess
    Registered Users, Registered Users 2 Posts: 2,299 ✭✭✭hairyprincess


    The judge may ask to speak to the child privately. I think they will do this from around the 11/12 age bracket.

    If you have genuine concerns that the visits are having a negative impact on the child then you need to have them documented.


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  • #7
    FishOnABike
    Registered Users, Registered Users 2 Posts: 4,577 ✭✭✭FishOnABike


    It really depends on the judge. Outcomes are as much, if not more, to do with the personality and preferences of a judge. Like any profession some are good and some not.

    In theory the welfare of the child is paramount. Practice can fall far short of the theory with some judges showing disregard, or even open contempt, for social workers and their reports, refusing to hear witnesses or accept affidavits and even if they do meet the child(ren) it being little more than window dressing as they do not allow the childern to speak freely.

    In theory the law sounds great but in practice it can fall far short of its aspirations.

    If you can come to some agreement yourselves and then have it made an order of court, if necessary, you are more likely to be happy with the outcome rather than leaving it to the, at times inconsistent, whims of the court.


  • #8
    khalessi
    Registered Users Posts: 6,215 ✭✭✭khalessi


    hairyprincess wrote: »
    The judge may ask to speak to the child privately. I think they will do this from around the 11/12 age bracket.

    If you have genuine concerns that the visits are having a negative impact on the child then you need to have them documented.

    Dont mean to seem thick but what do you mean by documented? How do I do that?


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