What’s the worst that can happen if my child (11) refuses to go to their dads for the longer periods over school holidays?

1. The potential legal consequences if the mother does not enforce the court-ordered visitation schedule:
The mother could be in breach of the court order and could face a range of legal consequences, including fines or jail time for contempt of court (see e.g. Family Law Act 1975 (Cth) s 117A; The father may also apply to the court for a recovery order (see e.g. Family Law Act 1975 (Cth) s 67G).

2. The possibility of police intervention, arrest, or fines for non-compliance with the court order:
Police intervention is a possible consequence of non-compliance with a court order, although this is rare unless there is a risk of harm to the child. If the mother is found to be in contempt of court, she could face fines or jail time as per Family Law Act 1975 (Cth) s 117A.

3. The necessity for a recovery order application if the child refuses to comply with the current arrangement:
If the child refuses to comply with the current arrangement, it may be necessary for the father to apply to the court for a recovery order (see e.g. Family Law Act 1975 (Cth) s 67G). This will depend on the circumstances and whether there is any risk of harm to the child or other relevant factors that need to be taken into consideration by the court.

4. The feasibility of ignoring the court orders without legal repercussions:
It is not feasible to ignore court orders without legal repercussions, as this would constitute contempt of court and may result in fines or jail time as per Family Law Act 1975 (Cth) s 117A.

5. The potential for requesting an amendment to the court order to reflect the child's preferences:
It is possible for either parent or both parents to request an amendment to the existing parenting order in order to reflect the child's preferences, provided that it does not put them at risk of harm and that it is in their best interests (see e.g. Family Law Act 1975 (Cth) s 65DAA). It may also be necessary to involve an Independent Children’s Lawyer (ICL) depending on what changes are sought and what issues are raised by either party in relation to them (see e.g. Family Law Rules 2004 r 10A).

6. The implications of involving an Independent Children’s Lawyer (ICL) and returning to court, considering existing legal debts:
Involvement of an ICL will likely incur additional costs that may need to be taken into consideration when returning to court, especially if either parent has existing legal debts that they are struggling with financially. It may also require an additional hearing if matters cannot be resolved through mediation or direct negotiation between both parties without involving an ICL or if there are issues raised by either party in relation to amendments sought that need resolving through a formal hearing process before any changes can be made by consent or otherwise by the Court itself (see e.g Valant & Calaway (No 2) [2021] FCCA 1437).

Analysis:

1. Legal Consequences for Non-Enforcement of Court-Ordered Visitation: The mother may face legal consequences if she does not enforce the court-ordered visitation schedule. Courts generally expect parents to encourage and facilitate the relationship between the child and the other parent. In the case of Walsham & Darracott [2021], it was shown that disregarding court orders can lead to a review of custody arrangements, potentially resulting in alterations unfavorable to the parent in violation.

2. Police Intervention, Arrest, or Fines: Non-compliance with a court order can result in significant legal consequences, including police intervention, arrest, or fines. However, enforcement of parenting orders is complex and typically requires an application to the court before police get involved. It's also important to note that courts are generally reluctant to impose punitive measures that could further disrupt the child’s life or deepen conflict between parents.

3. Recovery Order Application: If the child refuses to comply with the current arrangement, one option is for the father to apply for a recovery order which compels the return of the child. However, this is generally considered a last resort due to its potential distressing impact on the child.

4. Ignoring Court Orders: Ignoring court orders without legal repercussions is not feasible. Courts expect compliance with their orders and can enforce them through various means as noted above.

5. Requesting an Amendment to Court Order: Given that the child is 11 and has expressed clear preferences regarding her visitation schedule, it may be possible to request an amendment to reflect these wishes. In Saunders & Yorke [2022], it was shown that courts do consider children's views when making parenting orders, particularly for older children who can express their wishes clearly.

6. Involving an Independent Children’s Lawyer (ICL): It could be beneficial involving an ICL as they represent the best interests of the child. The ICL can provide independent advice to the court about the child's wishes, as seen in Saunders & Yorke [2022]. However, returning to court can be costly and should be balanced against existing legal debts.

In conclusion, it may be in the best interests of all parties involved to seek a modification of the court order to more closely align with the child's expressed preferences. This would likely involve retaining legal counsel and potentially an ICL, and while this can be costly, it may prevent future legal issues and better serve the child's interests.

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