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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child's input into custody arrangement

3 replies

MsSquiz · 02/01/2023 12:55

I was wondering if anyone has any experience of a divorce taking into account a child's request, when the child is 10 years old but has ASD?

A friend is divorcing free husband and one of their children is finding overnight stays with his dad too much for him and he is not comfortable or happy with them. Friend is happy for her DS to visit his dad through the day (DS is happy with that too) but she is not willing to force him to stay overnight when it causes him so much distress, meltdowns, etc.

There have been past issues with dad's anger towards the children but this was deemed to be caused by alcohol, which he recently completed a stint in rehab for and he now lives with his father while waiting for a new home.

Can anyone advise?

OP posts:
MsSquiz · 02/01/2023 20:03

Hopeful bump

OP posts:
gogohmm · 02/01/2023 20:12

Whilst yes they do take children's opinions into account, they will also consider whether the resident parent is encouraging their child to refuse contact or whether it's financially motivated (less contact more maintenance).

Ideally the mother encourages some overnight visits giving the child the confidence to build a relationship with his now sober father

MsSquiz · 02/01/2023 23:31

@gogohmm thank you for your reply.
neither of those are true, mum has been encouraging all children to spend time with dad, and to stay over. Dad wants over night stays to be increasing and 10 year old doesn't want to stay. He is happy to continue visit dad when his siblings go, but not to stay over.
Whenever he is due to stay, he says he doesn't want to go, a meltdown occurs which mum deals with, informs dad, dad then calls child and persuades him to go (bribery of new toy, "fun, Disney parent stuff), child goes, doesn't sleep well or enjoy it, doesn't want to tell dad, comes home tired and upset to mum so she has to deal with the fall out.
As of yet, no discussion of maintenance, etc has even started.

There is some backstory of control and manipulation from dad, especially towards mum, and that is ongoing even during time in rehab and separation so far

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