Our thirteen-year-old is refusing to go to their father’s house, and I do not want to force them. Their dad says I am breaking the parenting arrangement. What does the law expect of me, and does my child’s opinion count?
A child's views are important but they are not decisive. Under the Care of Children Act 2004, children must be given reasonable opportunities to express their views, and those views must be taken into account, according to their age and maturity, but the court's paramount concern is the child's welfare and best interests. A refusal may reflect a genuine problem, or it may relate to conflict between the parents. Listen to your child, try to understand the reasons and encourage the relationship where it is safe, without pressure. If the parenting order or agreement is not working, you can attempt Family Dispute Resolution or apply to vary the order, and a lawyer for the child might be appointed to hear from them. Simply ignoring the order can lead to enforcement action.
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