There are a few items that you did not mention; such as, has the Mom contacted her lawyer to seek counsel on these obvious frivolous concerns of the father? Had the Office of the Official Guardian been involved with the divorce proceedings? Did the 15 year old have her own attorney? By law, every child is to have full and competent and independent legal representation which is provided through Justice for Children.
No Family Court Judge/Magistrate or Adjudicator will just willfully grant the father his requests. The onus is on the father to prove his case of depression regarding his daughter. Also, he is going to have to prove that it is appropriate for weekend visits to commence once again. The Courts will review the reasons/excuses why the visits stopped in the first place.
The Mom's lawyer should have Mom prepared to provide documents from the girl's medical practitioner regarding his assessment of her mental health, letters, from the school - including the Principal, Guidance Counsellor and Teachers to affirm that the girl does not act or display depressive symptoms at school. Ideally, if this family attends Church, a member of the Clergy could also write a letter stating his/her opinions and observations of the girl.
My best advice for any parent going through a situation such as this is to have as much documentation available for the lawyer and the Courts. Under NO circumstances should Mom discuss her Plan of Action with her ex husband and both parents should be doing their best to keep their daughter out of the line of fire; otherwise, the poor girl could become depressed. Parents should not be using their children as pawns.
Tell Mom to get to her lawyer's office as soon as possible. The longer she waits, the less time that they have to work through all of the issues that they are facing and to prepare the best possible legal counsel for the daughter.
It is also important to remember that either Parent has the legal right to request ammendments to the Divorce Decree at any time as long as they are not frivilous.
One good point is that the daughter is 15 and the Courts will listen to what she "wants" because the Courts feel that at that age, the child is old enough to know who they want to spend their time with.
Good Luck to All.
LOL- You are joking right?
You think that lawyers (other than the yahoo wannabe lawyers) are just setting around watching and waiting to answer a question on Yahoo?
And then you want FREE advice
LOL-don't stay up too late waiting for a response because it is not coming