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Can a parent pick one child over the other?

We got final orders in January this year. The other parent recently decided that the youngest child is "too much hard work" and is now refusing to see her, has not bought her a ticket to see them this holidays.

Both children are seeing a psychologist for issues surrounding the other parent and there is a long history of DV in the relationship.

The children do not want to be separated, and do not want to be the "ball in the game" so to speak. The other parent plays them off against each other now, buys new everything for one and not the other, refuses to let them speak to each other more than the orders state for my contact, refuses to allow the child who he wants to see to bring anything back for the other child. This is causing so many more psychological issues for the children.

I know the other parent is in breach by refusing to see the child, and I know that I still have to send the other child, but is this enough to get the orders looked at again? Is the psychological damage it is causing the children enough to keep them together here?

Please note: the other parent is litigation happy, in that they are determined to spend as much time on the courts as is possible, and has filed a contravention already (even though I have not even contravened and can prove all they say is lies).

Any advice would be good thank you.

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
I was of the understanding that orders for care meant that a child had to be "available" to the non-custodial (old term-sorry I can't recall the new one) parent, not that the parent was obliged to have the contact.Refusing contact does not appear to be a breach of the orders. You are right, however, that this will cause issues for the children.
Can a parent refuse to have contact with their child? Yes - It happens all the time.

Should a parent refuse to have contact with their child? No.

Should some adults never be permitted to breed? Yes !

"I know that you believe you understand what you think I said, but I'm not sure you realise that what you heard is not what I meant."

 
So that means they are not even breaching by not taking the child? I was told by legal services that they were…confused now.

Is this enough to get the orders looked at again?
Do I have anything to withhold the child who is going - they are extremely distressed.

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
The Courts view contact with the 'Spends Time with Parent' as a privilege and not an obligation whereas the 'Lives with Parent' has an obligation (legally enforceable) to provide the contact specified in any orders.
Gecko said
 So that means they are not even breaching by not taking the child? I was told by legal services that they were…confused now.
Legal services sounds like a euphemism for not a practising Family Lawyer. Yes it is a technical breach but did they offer you any successful case outcomes? To my knowledge - only 2 - which are not published - neither of which has any connection with your problems.
Gecko said
 Is this enough to get the orders looked at again?
You orders are new enough to get back into Court BUT what would you be seeking?
Conan said
The Courts view contact with the 'Spends Time with Parent' as a privilege and not an obligation whereas the 'Lives with Parent' has an obligation (legally enforceable) to provide the contact specified in any orders.
Gecko said
So that means they are not even breaching by not taking the child? I was told by legal services that they were…confused now.
Legal services sounds like a euphemism for not a practising Family Lawyer. Yes it is a technical breach but did they offer you any successful case outcomes? To my knowledge - only 2 - which are not published - neither of which has any connection with your problems.
Gecko said
Is this enough to get the orders looked at again?
You orders are new enough to get back into Court BUT what would you be seeking?

Really? That's great news. Does it make a difference in the age of the orders?

I would really like to change them to be more specific. As they are written at the moment it allows for multiple interpretations and this cause confusion.
As I am self represented this time around, am I able to get access to the SRL area?


"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
Gecko said
As I am self represented this time around, am I able to get access to the SRL area?
Why dont you ask them? Gecko you have been a member of this site for 2 years and made 225 posts have you ever read the Community section at the top of the site?
Hint the Do You Need Help contains the latest email contact address. As I understand it the group is limiting intakes but providing far more one to one help via the telephone.
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