50/50 childcare

[Worried40yearold]

My stbxh and I are currently embroiled in court over 50/50 share of our child. As it stands my stbxh can see our child over fortnight for 4 hours until the next hearing where it will be decided. My question is if 50/50 is granted and our child doesn't want to see/stay with their dad where do I stand in this?

It's impossible to comment with that little information.

How old is the child? Why don't they/you want 50/50? What did CAFCASS say in the report they made, or is that not finished yet?

Any order is made for the benefit of the child, not the adults. So if there are real reasons not to have 50/50 the court will consider them before deciding what to order.

Does he genuinely want 50/50 or to avoid Cms?

Its a DV case. I will make it clear that i have never stopped my children from seeing their dad. It has been their choice to not see him. My youngest child (12) only recently started seeing him in a contact centre but it was then agreed that he could see them at his home due to COVID restrictions. Unfortunately it didn't go to plan and my youngest decided that he didn't want to see their dad for a while which happened to be a week before the previous court hearing for 50/50. Although my child has mentioned they wants to see him they do have reservations. I am worried that my child will end up being put in the same position as before and if the access is granted, but they dont want to go that the I will be in trouble. My eldest is now at an age where they don't come under the custody battle and their relationship with their dad is rather strained to say the least..

At 12, your child's views will be taken very seriously. They should be interviewed separately from you, and encourage them to be open and honest.

Also, your responsibility ends at the point of making the child available to the other parent. You don't have to enforce contact. As long as you're not preventing or obstructing the children seeing the other parent, you are doing your part.

At 12 my ds went nc with his df despite the court order we had in place .. Exh didn't even seek legal advice afaik. He didn't even contact me!! Not a word!!