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How likely is this? exH is taking me to court for 50% contact, which the children don't want. DD1 is 15 and DD2 is 13. DD1 doesn't want any more than every other weekend and a little more in school holidays. DD2 already spends 6 nights a fortnight there.
Very unlikely. Any contact order would expire for DD1 when shes 16 anyway and theres no way of forcing a 15 yr old to do anything like that. The 13 yr old would be asked her thoughts and you'd be asked to incorporate them into a mutual agreement by consent. Before even getting as far as court it would be referred for mediation, possibly family mediation given the ages of your dd, and then if it did eventually get listed for a hearing the judge would want to know what their fathers problem is, then follow the 'no order' principle because he already has the younger one 50% of the time from what you say, why does he want an order?
Thanks...we already have a first appointment date for the end of Feb. I don't know that he wants a contact order, but he does want to reduce the child support payments! I applied to the CSA is Sept and in Nov they calculated an increase of £300pm over what he had been paying voluntarily. I only used the CSA because he said he would stop paying now that I was living with a new partner. Neither of the girls wants to go to court, but it says they have to attend. He feels he has a right to access and doesn't care what he puts them through to get it. I don't obstruct it, when he asked for more time DD2 went from 5 nights a fortnight to 6, she said that was enough. I said if we go up to 50% it has to be a week each for practical reasons and she is not happy with that. DD1 is already v stressed and self-harming and his emotional abuse is part of the reason. There's no way she'll agree to an increase.
Again, their attendence will be due to their age and you will most likely find that cafcass/judge will appoint a guardian who the girls will be asked to speak to and who will convey their wishes (this is to stop him saying that you've put the idea into their heads etc)