Event and Time
Event Description
This case involves a family law dispute between two parents regarding the sole parental responsibility and residence of their child, X, born in 2010. The mother seeks to ensure a relationship with the child despite significant resistance attributed to the father's influence.
Application and Claims
- The mother claims that the father causes serious psychological harm to the child by failing to facilitate a relationship between the child and her.
- The father seeks to maintain sole parental responsibility, arguing that the child refuses to engage with the mother due to his own volition.
Judicial Decisions
- The court decided in favor of the mother, granting her sole parental responsibility.
- The child was ordered to live with the mother, and contact with the father was strictly regulated, including a three-month restriction on any communication.
Dispute Points and Legal Basis
Dispute Points
- Mother's Claims:
- Alleges the father engages in child abuse by preventing the child from having a relationship with her, causing psychological harm. - Calls for the need for the child's protection from any further psychological harm in the father's care.
- Father's Defense:
- Claims that the child's refusal to stay with the mother is a personal choice and not the result of coercion or influence from him. - Indicates intentions to provide security for the child’s welfare during encounters with the mother.
- Independent Children's Lawyer's (ICL) Position:
- Supports the mother's position, emphasizing the psychological risks to the child in the father's custody.