UK Family Law
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They have never been to court they just agreed between themselves that his son would live with her and he would see him every other weekend and any other times that were agreed.
Will she agree to let her son come back to MK? When is he 15?
What consideration did she give to change of schools? Why did she move?
She just said no to his moving back to MK she said over her dead body, she has told him that she will lose all of her benefits and won't be able to live, we haven't specified an age, though I know he will say he can't wait that long as he has only just turned 14 he didn't want to go back the last time he came to visit in the school holidays so he went back and told her how he felt but after she had spoken to him he felt guilty that she would have no money so he stayed. He hates the school that he is at a lot. She moved near to family and sent him to the school the family members grown up children went to. She moved because she said she was sad and lonely in MK though her mum and two sisters live in MK it is only a cousin, aunt and uncle who live in liverpool. He feels he has tried his best to like the school and fit in but he can't stand it any longer. Is there anything we can do so that he doesn't have to go back this time?
At age14, the court will take note of what the child wants. Indeed it is unlikelythat at age 14, the court would order the child to live with his mother againsthis wishes.
Thecorrect way of doing this is for the child to return to Liverpool and for thefather to make an application to court for residence for the child to live withhim.
Hopefully,the mother (who seems more concerned for her benefits than anything!) will takelegal advice and realise that based upon the fact you have given, she has noprospect of the child continuing to live with her if this ends up in court.
Onething that might focus her mind would be if the father agreed that if she letthe child come back to Milton Keynes, he will not pursue her through the CSAfor maintenance, something which he is entitled to do if the child lives withhim.
Assumingthat there is no court order, the child can simply stay with the father but ifthe mother takes exception to that as seems likely, she will scream abduction andmay get legal aid.
If thechild returns, and the father makes an application, neither party will getlegal aid and that might give her a little more mind focusing.
Thisis almost certainly not a do-it-yourself job and the father would be welladvised to see a solicitor who can advise in depth having taken fullinstructions on past circumstances
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