Common questions

Can a child refuse contact with parent?

Can a child refuse contact with parent?

Refusal to allow a parent to have contact is likely to result in an application being made to court. If there is already a court order in place for contact, refusal to allow the contact to take place may amount to contempt of court and possibly further legal action.

How old does a child have to be to refuse to see a parent?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.

What is considered an unfit environment for a child?

In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent’s actions but also a home environment where abuse, neglect, or substance abuse is present.

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Should a child be forced to visit a parent?

You shouldn’t have to force a child to attend a visit. If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately. Make sure you protect your child if there’s any evidence that the child is being abused in the other parent’s care.

What happens if a child doesn’t see a parent?

If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.

What happens when a child doesn’t want to visit the other parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

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Can a child be forced to go with a parent?

Let’s face it: No one can (or should) force children to visit with their parent if they don’t want to. However, there can be legal ramifications in cooperating with a child’s visitation refusal. Assure your children that both parents love them and that you want them to spend time with their other parent.

What happens if a child refuses to go with the other parent?

Can a school refuse to release a child to a parent?

A school is perfectly within its rights to refuse to release a child to a parent during school hours. Once school hours are over it is another matter. At that point they must release the child to anyone who has PR unless there is a court order stating otherwise.

How do I release my Child from daycare?

Although, it may depend on circumstances and laws governing your state or province, the best defense caregivers have is obtaining child release information during the registration or enrollment process and to clearly go over their policies with regards to releasing a child from care.

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Who is legally responsible for a child in child care?

For their protection, children are always in the legal “custody” of an adult. While they are in a child care setting that a parent or other person responsible for a child has selected, the provider is legally responsible and may release a child only to certain people.

Can a non-authorized person remove a child from care?

Obviously when it comes to custody battles, situations of child abuse, and cases of domestic violence, caregivers need to protect the child as well as themselves. That means knowing how to handle situations that may occur should a non-authorized person want to remove the child from care.