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My wife has a 10 year old child with her ex husband. Since…

My wife has a 10...
My wife has a 10 year old child with her ex husband. Since they split in 2010 they shared residence on an informal basis. Earlier this year ex moved 200 miles away and child lives with us (sees father 1 weekend in 3 and 2/3 of school holidays). The Dad now says he wants son to move and go to secondary school where lives year after next. Son, who is autistic, is confused about change and sometimes days he want to live with dad but can't explain why. Dad says court will do as son says and he will therefore live with him automatically. Is this correct? He is surely not mature enough to make such a decision.
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Answered in 23 hours by:
12/9/2017
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 33,884
Experience: Award winning lawyer with over 15 years experience
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This is not correct. The court will listen to the views of children but it is only one factor in the welfare checklist and not indicative. The older a child becomes (13-14 etc) the more that they will listen to the child, but at this age and in light of the fact that he is autistic I would not consider that this would be the determinative factor. The fact that he lives with you and has on the basis of you being the primary carers would be the key factor. There is an excellent book on this topic on Amazon which might help explain it all a bit better (its a tenner I think) - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X

I hope that this helps and please rate positive.

Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 33,884
Experience: Award winning lawyer with over 15 years experience
Verified
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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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