Legal Question in Family Law in California

You should go back to the previous lawyer and find out why the children should have been "listened to". Children's wishes, at this age, are not usually considered. So, you need to be on the right page with the law by talking to the lawyer who handled the case. 2ndly, if there is an issue with not following the court order, then you can file a motion. As far as the children detesting the father, that is too bad. Unless he does something which is bad for the children's safety or heath or welfare, he has the right to see them and be with them.

As occurs with some frequency, Mr. Ahluwalia is simply wrong about considering the children's wishes. Mature, articulate 10 and 12 year-olds are frequently given an opportunity to have input into custody decisions. Their preferences are only given as much weight as the maturity and clarity of their reasoning merits, and will never be the only factor considered, since the judge must make a judicial finding of what is "in the best interests of the minor children," not just what the minor children want. They should, however, be heard. The process for making sure they are heard is to have their own attorney appointed for them. In order to do that, you must make a motion to the court.

If your lawyer cannot adequately resolve this issue by bringing it to the court's attention, then request that the court appoint counsel on their behalf. I can assist you with the pleadings for a reasonable fee if you are now in pro per. Contact me directly.