What Happens When a Child Refuses to See a Parent?

One of the most difficult and emotionally charged situations in family proceedings is where a child refuses to spend time with one of their parents. It is also one of the most legally complex, because courts must balance the child's expressed wishes against their long-term welfare interests, while also considering whether the resistance is genuine or has been influenced by the resident parent.

How Does the Court Treat a Child's Refusal?

The court does not automatically act on a child's expressed refusal to see a parent. The weight given to the child's wishes depends on their age and level of maturity. The views of a 15-year-old are given considerably more weight than those of a 6-year-old. Even where a child's wishes are given significant weight, the court must consider whether those wishes reflect the child's genuine autonomous choice or have been shaped by the influence of the resident parent.

What Does CAFCASS Do?

Where a child is refusing contact, the court will usually order a CAFCASS Section 7 report. The CAFCASS officer will meet with the child, speak with both parents, and assess the reasons for the child's resistance. The report will identify whether the resistance appears to be the child's own genuine view, whether it is influenced by the resident parent, or whether it reflects legitimate concerns about the non-resident parent's behaviour.

What If the Resident Parent Is Influencing the Child?

Where CAFCASS identifies that the resident parent is influencing the child's views, this is taken seriously by the court. It may be treated as a form of emotional harm. The court has a range of responses including stronger enforcement orders, warning notices, or in serious cases transferring the child's primary residence to the other parent to allow the relationship to be rebuilt.

Can You Force a Child to Have Contact?

The courts do not generally force older children to spend time with a parent against their strongly held wishes. The court recognises that forcing contact on a reluctant teenager is unlikely to produce a positive outcome and may be more damaging than beneficial. However, for younger children or where the resistance is clearly influenced by a parent rather than the child's genuine choice, the court is more willing to make orders and enforce them.

Summary

A child's refusal to see a parent is assessed carefully by CAFCASS and the court. The weight given to the refusal depends on the child's age and whether the resistance is genuine or parent-influenced. Courts will take action against resident parents who are shown to be influencing a child's refusal. Forcing older children into contact is generally not ordered. A family law barrister can advise on the best approach and what the realistic outcome is likely to be.

If you need specialist advice on your situation, the Barrister Connect team is ready to help. Get in touch with us today.