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My 16 year old son has been in shared care 50 / 50 between…

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My 16 year old son...
My 16 year old son has been in shared care 50 / 50 between my ex wife and myself for the last 7 years. He has decided he no longer wants to live at my place but I still really want him to continue with the arrangement. What legal standing do I have now that he is 16. He has decided he doesn't like the rules and boundaries at my house and is preferring living at his Mums because she works out of town and is only home 1-2 nights a week. Would appreciate your help on this one.
Submitted: 2 years ago.Category: New Zealand Law
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2/22/2016
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,838
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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It is difficult under the Care of Children Act to make family court orders to compel a 16 year old to live with one or the other parent. This is of course separate from the practical difficulty of telling someone of his age live where he should live. Under the act orders can only be made in special circumstances which is usually where the child needs care such as special needs. What you can do is to have a family meeting if that is possible. And talk through the issues, and involve the boy so his parents can make a joint decision.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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