Back to Legal Case Studies

The importance of the wishes and feelings of the child

27 April 2011

We represented the mother in contested children act proceedings involving her 14 year old boy refusing to enjoy contact with his father.

During the proceedings the father alleged that the mother was heavily influencing the opinion of the child. The Mother consistently maintained that the child was refusing to enjoy contact with the father due to his bullying nature.

The court ordered a wishes and feelings report from CAFCASS who concluded that there should be no contact with the child and the father. The father continued to allege the mother was influencing the child and that domestic violence had not occurred during the marriage and continued his stance at the last hearing.  

At the last minute, we were able to obtain evidence of the domestic violence that occurred during the marriage and the father had no choice but to change his stance. It was ordered that there should only be contact in accordance with the child's wishes and feelings whether through only facebook or once a month.

This case shows the use of facebook in family proceedings today and the importance of the wishes and feelings of a 14 year old child.