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Childcare order.- likely outcome?

4 replies

Username0909why · 03/05/2024 10:40

I separated from STBXH in October last year. I was happy with 50/50 childcare and we agreed a plan. I have supported the plan and tried so hard to encourage my DD to go. I am currently facilitating contact with them by being there and going out with them so they can see each other. I am currently dropping her and picking up from school as she wouldn't go if he was picking her up.
It's got progressively worse with my DD (10) who now refuses to have any contact with him on her own. She just won't go.
She has said she is scared and frightened of him.
He forced her to stay one night after saying his solicitor had said it and he took away her phone/alexa so she couldn't contact me.
She mentions one incident where he was very cross, he fell to the floor and puched the floor and shouted, he then ran upstairs and she describes hearing another bang.
He then took her out of school one day unexpectedly and took her to the doctors to say she need some mental health support.
I didn't find out about this until after.

My solicitor has said it's looking likely that it will go to court. What would be the likely outcome to this? Would the court force 50/50? If so how would I be able to do this if she still just refuses?

OP posts:
prh47bridge · 03/05/2024 12:47

Your solicitor is far better placed to answer that question than anyone on here. However, your daughter's wishes and feelings will be taken into account by the court.

ByUmberViewer · 03/05/2024 12:50

She'll be at senior school by the time it gets to court and will be able to decide for herself. I wouldn't worry about it.

JustAnotherLawyer2 · 03/05/2024 16:27

She will not be able to decide for herself simply because she is at senior school.

Her views will be of interest to the court, but not determinative.

It is likely the court will order a s7 welfare report so she can be spoken to directly.

TizerorFizz · 05/05/2024 20:26

I never understand why parents see a child as a possession to be shared equally. Chopped down the middle! It’s often a pragmatic and honest view that’s better. What will actually work? What’s best for DD?

You have facilitated 50/50 because he could not manage it. Many dads see that and are happy with 5/14. DDs views will be taken into account but offer something more realistic. Surely DD has clubs, friends and a social life she needs to participate in? Make sure she can. Also see a solicitor.

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