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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor. Partner in own firm.
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my 15 and a half year old grandson is saying that he no longer

Resolved Question:

my 15 and a half year old grandson is saying that he no longer wishes to live at home with his mum and wants to come and live with his grandparents. His mum is saying that she will resist this at all costs. what are his rights and does this substantively change when he is 16 and can a court or his mum barr access to him and him to us
Submitted: 4 years ago.
Category: Family Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your grandson can decide who he wants to live with when he is 16 and that can't be challenged. However before then, its unlikely that a court would interfere with his decision provided that the court was satisfied that living with you was in his best interests.

The court always considers the welfare of the child first. They will also look at your grandson’s specific needs: physical, emotional and educational, as well as age, background and the effect the change in circumstances will have. Also, they will look at how capable you are of looking after him, and very importantly any harm the child has suffered, or may suffer in the future.

If the mother applied for a residence order it also has to be remembered that it could take some time for the issue to be decided by the court by which time he may have turned 16 this rendering any court proceedings redundant.

I hope this helps. Please leave a positive response so that I am credited for my time.
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