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Can 15 yr old minor refuse to visit non-custodial parent?

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joelcannon

Junior Member
My 15 yr old step daughter does not want to visit her non-custodial father for Christmas vacation. She (and her 5 younger siblings) just returned from a week long visit for Thanksgiving and the visits are always stressful (especially now since her step mother just filed for separation from her dad).

In August, several of the children did not want to get in the car, and the father got the sheriff to enforce the court orders - but the local authorities (we live in Oregon, and the father lives in California) would not force the children 14 and over to get in the car - then the father decided to not force the issue and let the eldest stay here in Oregon for that visit. But he is still threatening legal action if it happens again.

We try and honor the court visitation orders - but the father has a history of abuse and the children do not have any respect for him. We have done nothing to poison the relationship and feel that this is a situation that he has created for himself.

Do minors 14 and over have any rights - or are we obligated to force them to comply with the court orders (even when the local police are unwilling to force them to comply)? It is easier to get the younger ones to get in the car - so that is not such a problem.
 


Technically yes, you are required to "force" them. I would be sure to video tape or have police witnesses to the fact that the older children flat out refuse (short of a parent physically placing them - which could be construed as abuse depending on the amount of force necessary). File for a modification at that age a judge may consider the childrens' wishes, along witht a list of other factors. At least maybe the visitation could be changes from 2 holidays in a row to one of the holidays or whatever.

But until the Court order is changed there is an obligation to abide by it word for word.

Good Luck
 

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