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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 19536
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My husband has a 14 year old son who lives with his ex wife.

Customer Question

My husband has a 14 year old son who lives with his ex wife. His ex wife has recently moved herself and his son from Milton Keynes to Liverpool which is where she originally comes from. His son hates it there and is desperate to move back to Milton Keynes and live with us. He is visiting us in MK at the moment and is desperate not to go back with his mum when she comes to get him this week. What can we do?

I hope you can help.
Thanks
Liz
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Stuart J replied 11 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Is there a contact order in place?
Customer: replied 11 months ago.

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.


 

Expert:  Stuart J replied 11 months ago.

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?

Thanks

Customer: replied 11 months ago.


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?

Expert:  Stuart J replied 11 months ago.




At age
14, the court will take note of what the child wants. Indeed it is unlikely
that at age 14, the court would order the child to live with his mother against
his wishes.

The
correct way of doing this is for the child to return to Liverpool and for the
father to make an application to court for residence for the child to live with
him.



Hopefully,
the mother (who seems more concerned for her benefits than anything!) will take
legal advice and realise that based upon the fact you have given, she has no
prospect of the child continuing to live with her if this ends up in court.



One
thing that might focus her mind would be if the father agreed that if she let
the child come back to Milton Keynes, he will not pursue her through the CSA
for maintenance, something which he is entitled to do if the child lives with
him.



Assuming
that there is no court order, the child can simply stay with the father but if
the mother takes exception to that as seems likely, she will scream abduction and
may get legal aid.



If the
child returns, and the father makes an application, neither party will get
legal aid and that might give her a little more mind focusing.



This
is almost certainly not a do-it-yourself job and the father would be well
advised to see a solicitor who can advise in depth having taken full
instructions on past circumstances



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Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 19536
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Family Law Specialists are ready to help you

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