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    roxies97's Avatar
    roxies97 Posts: 1, Reputation: 1
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    #1

    Aug 31, 2010, 08:18 PM
    If a child has a court order to go with her father but chooses not to does she have t
    If I have a court order stating that my daughter is to go with her dad every other weekend but she does not want to, do I still have to force her to go? She is 10 and we live in CA.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Sep 1, 2010, 10:18 AM
    Quote Originally Posted by roxies97 View Post
    If I have a court order stating that my daughter is to go with her dad every other weekend but she does not want to, do I still have to force her to go? She is 10 and we live in CA.
    Yes. If you interfere with custody, you can be held in contempt of court.

    Instead of playing into this game of what a child wants/doesn't want, you should be finding out why she doesn't want to visit with her father.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 1, 2010, 10:25 AM

    This is a rather fine point. You ARE responsible for making her available for his visitation. You cannot, in any way, interfere with his rights. However, you are not required to force the child into his car or his home, however you turn the child over.

    So, for example, if he is to pick her up on Friday evenings, you have to have her dressed, a bag packed and waiting. You have to explain to her that he is her father and is entitled to spend time with her. But you do not have to force her physically, to get in the car, nor can he.

    That's the legal piece. Now the question becomes WHY doesn't she want to go. Have you discussed this with her?
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