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Ask Clare Your Own Question
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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i am a divorced father and I share residence of kids (2 boys

Resolved Question:

i am a divorced father and I share residence of kids (2 boys one girl (14,12,10)) 50/50 with ex. Ex is now allowing new partner to move in to her house (who also has his kids 50/50 but time does not overlap with when ex has my kids). Daughter does not want new partner to move in. Daughter is 12. Daughter would prefer to stay with me more of the time. Is this possible if it is her wish? If so how woulf this come about. What are the factors that a court would take into account?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Are there any orders in place regarding the children?
Clare
Customer: replied 2 years ago.

Hi Clare, there is a consent order. It states we have the kids 50/50 and that is the current arrangement and has been so for 9 months. everything so far has been done through mediation from which the consent order was drawn up.

Expert:  Clare replied 2 years ago.
Hi
If you wish to change the arrangements then I am afraid that you will need to go back to mediation to discuss it - possibly using a Mediator trained to work with young people so your daughter's views can be heard
IF that fails then you will need to apply to the court for a Child Arrangement Order.
Given her age your daughter's views will be of great importance - and may well be decisive
Please ask if you ned further details
Clare
Customer: replied 2 years ago.

Thank you, ***** ***** question to clarify please....Is there an age at which the child can decide without recourse to a new mediation agreement or court. I think the consent order currently says that the arrangements are in place until age 18. Does that mean that one would have to go to mediation/court unless child had reached 18 or is there a lesser legal age at which the child's opinion is taken as binding without returning to mediation or court?

Customer: replied 2 years ago.

i did ask the additional clarification question so unable to rate service until answered. Thanks.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
At 16 the child decides where she or he wishes to live and any court orders end.
The closer the child gets to 16 the more likely it is that the child's wishes will be followed
Clare
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