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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, my brother resides in the UK. He and his wife have been

Resolved Question:

Hi, my brother resides in the UK. He and his wife have been divorced for 4 or five years and she has custody of both the children with him having them every second weekend. His 14yr old son has stated that he wants to go live with his father and has told his mother this. She has gone ballistic and accused my brother of brain washing him. My brother is worried that she will bully his son into staying with her despite wanting to leave and is scared that if he makes waves she will make it difficult for him to see both of the boys. I have suggested going to the family court, but his son does not want to go to court. In New Zealands family court the child is interviewed separately from the parents to make their wishes known, can you tell me if this is the same in the UK, and that his thoughts and feelings will be taken into consideration.

thank you
Julie
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the other child?
Clare
Customer: replied 3 years ago.

Hi, the other child is 10 years old. Both boys.


 


thanks


 


Julie

Expert:  Clare replied 3 years ago.
Hi
Would a change of home also mean a change of school?
Clare
Customer: replied 3 years ago.

Yes he will move cities and start a new school, which he is happy about. Its a better rated school and my brothers wife is oxford educated with a masters degree and a qualified teacher. At the moment he said he gets no assistance or encouragement to do his homework and often does not turn work in. His mum has told him he is just lazy.

Expert:  Clare replied 3 years ago.
Hi
What is the longest period of time that he has spent with his father during the holidays?
Clare
Customer: replied 3 years ago.

He has spend 3 weeks with him continuously. That's as long as his mother will allow him to be away.

Expert:  Clare replied 3 years ago.
Hi
Under English and Welsh family law at 14 the child's wishes are seen as being of great importance and the Court is likely to abide by his wishes.
However the question would be about how realistic the young man's wishes are - after all he would be leaving behind not just his mother but his peer group and instead of having "fun times" on contact je will be living day to day life with his father - a very different matter
Before starting a court application he should try using Family mediation (www.familymediationhelpline.co.uk) and using a Mediator trained to work with young people which will ensure that the young mans wishes are clearly expressed in the negotiations
(he is not directly involved with confronting his parents)
I hope that this is of assistance - please ask if you need further details
Clare
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