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Help?! Information needed urgently.

(15 Posts)
suzywuzy47 Tue 29-Mar-16 16:18:27

Has anyone heard of a 'recital' in relation to a contact order in family court?
My daughter no longer wants to see her Dad, and l was cleared of breach of contact order, but l am now in a position where he is insisting on reinstating contact wether she likes it or not.
I have seen a thread on here that talks about it, but it dates back 3 yrs ago.
If anyone knows anything l would be extremely grateful for your input.

lateforeverything Tue 29-Mar-16 16:38:19

Sorry to hear about your stresses.

Can I ask how old dd is?

lateforeverything Tue 29-Mar-16 16:44:06

I might be wrong but I think a recital is like an additional clause or instruction such as 'keep clear communication' or 'put the child's bests interests first'.

Sort of stuff that should be happening anyway but needs stating I think... what recital are you referring to?

Fourormore Tue 29-Mar-16 17:11:45

A recital isn't enforceable but usually outlines the basis on which agreements have been made.

suzywuzy47 Tue 29-Mar-16 18:45:19

Hi both,
Thank you for your answers.
On this particular thread that came up, a 12 yr old girl decided she didn't want to see her father, and so a recital was granted. She didn't see him for 2 yrs. my daughter is also 12, and short of picking her up and putting her forcibly into her fathers hands, she is refusing.

Fourormore Tue 29-Mar-16 18:49:26

Sounds unusual.
Why is your daughter refusing? If there's a court order then she has to go, it's not optional.
If matters returned to court then at 12, her wishes would be listened to but would be secondary to her welfare.

lateforeverything Tue 29-Mar-16 19:28:48

When did she last see her dad OP?

suzywuzy47 Tue 29-Mar-16 19:46:36

She made an allegation against him last year, he allegedly slapped her, and smacked her, then stood her against the wall for 11 minutes. She reported it to school, and things were investigated. The CPS did not prosecute, as he denied the slap and she is very angry at him for what she says is lying to the police about what he did. She sees him at medical appointments and parents evenings, but refuses to see him on her own, or at his house.
The contact order that l was in breach of has been suspended. I wanted her to get counselling, but he doesn't think she needs it, just needs to be told she will do as she is told and that is all there is to it.

Fourormore Tue 29-Mar-16 19:49:47

There is case law that means that a court has to do everything in its power to re-establish contact before they can make an order for no contact. You don't really need to do anything until he returns the matter to court.

You can get counselling without your ex's permission.

suzywuzy47 Tue 29-Mar-16 19:59:38

We are in court next Tuesday for another directions hearing.
I can get counselling but my daughter can't. He has PR, and will not give permission.

Fourormore Tue 29-Mar-16 20:02:23

I counsel young people. It's not medical, PR doesn't come into it in that way.

Just put your daughter's case across as simply as you can. Like I say, CAFCASS will take her views into account but they are unlikely to find that she shouldn't have any contact with her dad at all until all efforts to resolve the problem have been exhausted.

Fourormore Tue 29-Mar-16 20:04:00

Actually while you're there, I'd ask that your daughter can attend counselling. It may well be that it helps her and he'd look so stupid refusing.

suzywuzy47 Tue 29-Mar-16 20:13:40

CAFCASS have already spoken to her, and she told them her feelings, she also wrote a note for the judge saying she didn't want to see him.
I have one more counsellor to try, but Relate will not see her while it is a court matter.

suzywuzy47 Tue 29-Mar-16 20:14:26

I was going to do that, and see what he did...

lateforeverything Tue 29-Mar-16 21:51:32

Good luck OP - Original Poster smile

Can't add much more to the info you've already had x

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