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my son has shared custody of his two children ages 7 and 9.

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my son has shared custody of his two children ages 7 and 9. They get very upset when they have to go to their mother. They want to stay with their father. The mother has a drink problem. What age can they go before a Court and decide for themselves who they live with?
Submitted: 7 years ago.
Category: UK Family Law
Expert:  ablawyer replied 7 years ago.
Good afternoon! In what state is the child custody order from?
Customer: replied 7 years ago.

The Court ordered joint custody. The wife took the children away from school one day last October. They went to a new school and were both very unhappy, desperately wanted to come back to their home, Llanelli. In January the mother relented and brought them back. the only proof we have of her alcoholism is that she was sacked from her previous job as a Carer because of being drunk on duty. She has been to see a Counsellor on one occasion and we are trying to get her to get help. She doesn't hurt the children but she is unpleasant when drunk. The point is that they cry bitterly when they know they have to go back to her for a few days. I just want to know what the law is as to what age will they be allowed to decide for themselves who they live with. Also what would happen if they refused to get in the car with her.

 

She also drinks and drives. Her brother-in-law reported her to the police in December when she lived in Bridgend because she was driving around with the children in the car when she was drunk.

 

 

 

Expert:  ablawyer replied 7 years ago.
I'm sorry... I need to refer you to a UK Family Law expert. Please stand by.
Expert:  hocuspocusme replied 7 years ago.
I can answer UK law. A child cannot legally decide who they want to live with until the age of 18, but the judge does allow a child at the age of 12 or sometimes the age of 10 with a certain high level of maturity to decide who they want to live with. A judge will restrict supervised visitation if a non-custodial parent is not fit to have the children with unsupervised visitation.

You need to make an application to Family Magistrates on High Holborn or the closest location.
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