Child Custody / Visitation / Contact
Child's Refusal
Q: How do I deal with an 11-year-old child who is in the custody of my ex-wife, who is turning him against me, and because of this, he refuses to see me or contact me?
•Child Custody / Visitation / ContactA: You are describing a situation of parental alienation. Before taking legal action, it is advisable to seek family psychological therapy to repair the relationship. But if this is not possible, you should file a petition for urgent relief due to parental alienation, in the family court. As part of the application, you must prove that parental alienation does indeed exist, as you claim. To do this, you will need to present documentation of attempts to maintain contact with the child, such as emails, correspondence, external testimonies, reports from social workers, psychologists, medical records, which may support your claim, and prove that parental alienation does indeed exist. The court will generally refer the parties and the child to treatment options, an assistance unit, treatment centers, psychologists, diagnostics, and in more urgent cases, will appoint a caregiver. In extreme situations, the court has the authority to remove the child from parental custody and declare him a needy minor, if this indeed serves the child’s best interests.
Will the police or a bailiff force visitation to take place according to an agreement or court ruling if the child himself refuses to see the non-custodial parent?
Child Custody / Visitation / Contact •Child's RefusalNo !
Can a parent who consistently prevents the other parent from seeing their mutual teenage children be made to pay for this even if it is claimed that the minors themselves, do not want contact ?
Child Custody / Visitation / Contact •Child's RefusalYes ! Where the custodial parent is behind the children’s refusal to see the non-custodial parent, action against the latter, can, in extreme cases, result in a fine being levied on each meeting missed.
Can a teenager have his maintenance reduced or cut completely because he refuses to have contact with his non-custodial parent ?
Child Custody / Visitation / Contact •Child's RefusalYes, if the refusal is unjustified, then the maintenance may be cut completely (if he is declared ‘rebellious’ under Jewish law) or reduced.
If teenage children of around 14 or 15 still refuse to have contact with their father despite treatment designed to develop a relationship between them, they cannot expect to profit financially, the court said, and can have their maintenance reduced to cover only the bare necessities.
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