We were at court this morning with afriend. Her ex hubby is a complete idiot using the kids to hurt her. He has no interest in the children as he uses them as a weapon. She has legal documents from her solicitor proving she has given access and that he never turns up, however, he has taken her to court and claimed that she does not facilitate him seeing the kids. Every Saturday she has had them ready at the door - when he arrives they have refused to go with him. Now the court has told her that if she doesn't make them go she will be in breach of a court order and given a fine. Can this be challenged ? Can the child have any rights ?

If a court order decrees it, the children must go.
It isn't good asking for someone else. First you say he never shows up, and then you say when he arrives the children refuse to go. And you don't say what happens when they refuse. It's just too second hand and confusing. Your friend needs to do the asking. Why isn't her solicitor explaining the law to her, or arguing her case?

Her solicitor told her that if she went into court with her then her ex would be treated favourably as he represented himself. That to keep a fair playing field she had to represent herself. When he can be bothered to turn up to collect them if the older child says she won't go then he just walks away. But he has told the court that the child's mother is not letting her go.

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Originally Posted by rakporter

Her solicitor told her that if she went into court with her then her ex would be treated favourably as he represented himself. That to keep a fair playing field she had to represent herself. When he can be bothered to turn up to collect them if the older child says she won't go then he just walks away. But he has told the court that the childs mother is not letting her go.

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I'm sorry but I just am not buying those first 2 sentences.
They don't sound plausible. What country is this?

Family court is a lot of he said she said. This is a classic example. The court rarely will listen, since they have no proof (and testimony from children is not usually accepted), so the court rules that the parent who is ordered to turn over the children must turn them over.
I

Our UK court were presented with documentary evidence from the child's doctor that contact with her father has caused her considerable stress resulting in bed wetting and also hair loss. A social worker had several one-on-one interviews with the child where she reported that the child does not want to be with her father and that she recommended that child not be forced to go. This was documentary evidence which the court have ignored! The court appointed mediator even reported directly to them that the father refused to take his daughter's feelings into consideration and that he refused to discuss it with her and walked out of their meeting ! How much evidence does the court need that his access to this child is detrimental to her mental and emotional development ?

Her solicitor needs to step in and do her job