Does anyone work in family law please?

[yodaonthebars]

Scenario

Mum has been trying to get through to Rights for women for weeks with no success. Mum has two children with ex partner. The children are almost 14 and adult.
The ex partner has a history of severe and long term mental illness including threats to kill self and suicide attempts.
While with the ex partner Mum was subject to emotional abuse but left without reporting due to fear. Unbeknown to them the children had witnessed the ex partner punching a window and smashing it in temper among other things. This was found out when one of the children disclosed this to a primary school teacher after the parents had separated. No action was taken as Mum was able to confirm to the head teacher that Dad no longer lived with them and was not in contact.

The ex partner saw the children initially supervised by family members but lost interest in the children and did not contact in person or otherwise for some years. The ex partner is now back on the scene suddenly and interested in seeing the children. Both children do not have much memory of him, none of it is positive and have no wish to see him.

Mum is not concerned about the grown up child due to age as is old enough to refuse however is desperately trying to find out what the chances of the youngest child being made to attend contact with the Dad.

What are the chances that the youngest child will be made to see their father by in person contact?

If the father seeks court action how long is it likely to take to get to court?

What happens if the child refuses to go?

[Collaborate]

A child nearly 14 (presumably actually 14 when the court hearing comes round) will almost certainly be allowed to make up their own mind.

Google "Gillick competent" and that will explain much.

[palanca]

I agree too [regular lawyer who has namechanged!]

[yodaonthebars]

Thank you. Very helpful.

[yodaonthebars]

Sorry me again.

Just a couple of questions.

Presumably as no court order is in place currently the child is ok to refuse contact requests currently without any comeback as not breaking any order?

What happens if I judge rules no contact on Childs wishes? Will the Dad be able to write or email the child still? He has already told the child he is very disappointed in them following the child saying no to a previous ridiculous request.

[yodaonthebars]

Thank you. Mum would have no issue with indirect contact. Child doesn't want to know at all and they haven't previously bother sending gifts but I would expect pre monitored emails wouldn't be a problem. Would cafcass likely be asked to form a report on the child that age?

[MrsBertBibby]

I know birthday and Christmas cards are common as indirect contact where there's no face to face, but I do wonder how fair that is on the child, who has to have every birthday and every Christmas invaded in this way.

I think the practice whereby cards have to be sent at more neutral times is sometimes far more appropriate, if the child is upset by thoughts of the parent, as is often the case.

[Collaborate]

Age 10 would be too young for the child's views to be determinative. They are taken in to account though.

[traviata]

To answer OP's other question, yes normally CAFCASS would do a report because that is the usual way for the child's views to be reported to the judge. Children don't usually come to court, although there are proposals to make it happen more often.

[mummysprout]

Omg op this is so close to home for me, I was in the exact same scenario with a partner with extreme mental illness. I have much younger children who he has absolutely no contact with but the thought of him suddenly getting in contact again, thinking he's "better" for however long & wanting to see them is my worst nightmare as they want nothing to do with him & have an amazing stepdad they see as daddy. Would love to know the outcome of this thread, really hope it's worked out for the family involved.