If the children are TRULY unwilling to visit with him, the judge will take their feelings into consideration, but ultimately it is up to the judge to determine whether removing the father from the equation is a good idea. It won’t help if you are undermining him in front of the kids. It sounds like there might be a drug problem or some other source of instability; try to document THOSE instances, even if it means hiring a PI, and plead your case that way.
we are not divorced yet. I am t hemom of 2 children,ages 11 and 13. He ws given a visitation schedule that we compied with since aug 2004. In that time he had incressingly shocke,lied to, humiliated, and neglected the children. At one point grabbing my son’s arm causing me to makea plice report. i have kept a log and taken pictures of where he left them while he went off . After one more horrible visitation, my children were scared and didn’t want to go anymore.So, since Sept 2005,whenhe comes to the house,they have gone out to the car and told him that they were not compfortable going with him, and weren’t. He has since filed a motion to show cause, which is to take place in Dec 2005. I am getting scared. What can happen?