How much do they Courts take into account what the children want, with regards XXXXX XXXXX living situation? My children are aged 11, 12, and 14. Their father currently has day to day care and has convinced them that it is in their best interests to continue this arrangement.Also, my ex partner has told me that an informal parenting arrangement is legally binding, is this the case??
I have made it clear to my ex that I am not happy with the current care arrangement and would like to have shared care. Finances have been the only barrier to pursueing this - as I do not qualify for legal aid.
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As children get older their views are considered, but what the children want is not the deciding factor. The primary test is what is in their best interests and the court takes an objective view of this. The informal arrangement is binding in the sense that this is legal, but if you decide a change is needed then you can apply to the family court for the arrangements to change. If the court agrees with you, then a change will happen.
The next step may be a mediation rather than court and perhaps getting a lawyer for the children appointed. That lawyer is required to objectively report on what is best and this could help at a mediation, which would be much cheaper than a court case.
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