Can I take my kid out of state before divorce?
Can I take my kid out of state before divorce?
Moving out of state before filing for divorce could hinder your child’s relationship with their other parent. Thus, the general rule is that you can’t move to another state prior to filing for divorce or while your case still pending.
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.
Can a child refuse to visit a parent?
You do have to physically take the child to the place of handover as ordered by the Court. It is not enough to simply take the child to handover. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.
At what age can a child have a say in visitation?
The Family Law Act does not stipulate a specific age a child must be in order for their wishes to be taken into consideration. According to previously decided cases, the court will take a child’s wishes into account at about 12 years of age.
Can a 9 year old decide which parent to live with?
In making a child custody determination, 12 is the minimum age at which the child may express a preference to the court regarding the parent with whom that child prefers to reside. Furthermore, the child must express a reasonable preference.
