My child doesn’t want to visit my partner. What should I do?
Question & AnswerMy child doesn’t want to visit my partner. What should I do?
4. Go to court
If you think it’s in your child’s best interest not have , which used to be called with your partner, you may have go to court to:
- stop all parenting time
- limit parenting time
- change parenting time to make it supervised
You have to start a family court case if:
- you don’t have a
- you have a or that you want to change
If you have a final court order and need to change it, you can bring a motion to change.
Going to court can be a complicated process and it can take a lot of time. It can be stressful and expensive, but it is sometimes necessary to decide your issues. This family law court process flowchart explains each step in a family law court case.
Judges usually assume it’s better for a child to have a relationship with all their parents after they separate or . They make decisions using the family law rules and laws.
Judges look at all the evidence and decide and parenting time using a legal test called the . Decision-making responsibility and parenting time used to be called and access.
The judge will also want to know:
- why you think it is in your child’s best interests not to visit your partner any more
- what you’ve tried to make the situation better
- what you plan to do to make sure your child maintains a relationship with your partner
If the judge needs the testimony of the child or evidence of the child’s views and wishes to help them decide, the judge can:
- Ask the Office of the Children’s Lawyer to get involved.
- Ask to speak to the child alone in their office.
- Ask the child to meet with a lawyer or social worker who prepares a “voice of the child” report.
You can talk to a lawyer who can help you understand what the law says about decision-making responsibility and parenting time and your child’s rights.
If you can’t afford to hire a lawyer for your whole case, some lawyers provide “unbundled” or “limited scope” services. This means you pay them to help you with part of your case.
If you can’t afford to hire a lawyer at all, you may be able to find legal help in other places.