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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My 16 year old son has been in shared care 50 / 50 between

Customer Question

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: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

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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