Q: My 9 year old is terrified of his father. Is there anyway my son can be heard, in this situation?
We had an order of protection against his daddy. But the judge still granted his visitation even with a history of violence.
A: The Judge, who granted visitation, has discretion to decide if he or she wants to hear directly from the child. You have answered your own question here. The judge does not want to hear from the child and will not. The court also was apparently convinced that your order of protection was justified, or you would not be speaking of that order int he past tense. You also should be aware that the Court will wonder why the child is so fearful. Do you have a role in that? I am not trying to disagree with you, but only point out that the Court will think about that as a real possibility. Go find a lawyer and get the facts before him or her and listen to what that person tells you.
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