When, if at all, do children go in front of a judge?
The basics: SD is 13, DH is LD NCP, ask anything else you may need to. There is a CO in place & he gets what I would understand as the standard in a LD situation. She has denied visits for 3 years. He has filed what he needed to in regards to the contempt but filed it too late (have to file within 58 days of the denial.) However, they did count two of them as she sent messages stating she denied them. You have to have 3 denials until it goes before the judge & if denied this summer, that will be the 3rd & will go in front of the judge for contempt.
My questions: BM says she wants SD to go in front of judge to say she doesn't want to come. Would a judge allow SD to testify & would SD testify during a contempt hearing or would it be something BM would have to file such as a change in visitation? If SD says she doesn't want to come, would a judge say she doesn't have to come & if so, what would allow that? There has never been abuse, neglect, drug/alcohol use in our home. BM has made many accusations regarding me (never DH.) SD has told us many things about what goes on in BM's home & you really have to filter what she says from fact/fiction as well as her saying things to get attention. I know in some states a child can choose where they want to live & that's really not the issue here but can a child just stop going to visits & at what point/age, if ever, does a judge just say no they don't have to go or it's up to the parent's, as it should be but not possible in this situation?SD isn't in any EC's or anything that would prevent his visitation or prevent SD from coming.
Realistically, I think that a judge would continue to enforce visits as DH hasn't done anything to warrant not getting them & it goes against doing what's best for the child. However, the irrational side of me sees how DH has gotten the short end of the stick in a mom friendly state & I'm feeling pretty pessimistic & sad that it is this way with BM. As a BM & SM myself, no matter all the crappy things my ex did to me, I couldn't ever see doing this to my ex or my children. SD seems to enjoy her time while here & never causes problems out of the ordinary for a child her age.