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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34508
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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My son lives with his mum which he has done since our

Customer Question

Hi - my son lives with his mum which he has done since our separation in 2005. He is now 14 and over the last 6/12 months he has expressed that he would like to come live with me as isnt particularly happy with life at home with his mum (who is now remarried). For info I am remarried and have two step children.
I would like to know what the process is and things which need to be considered ie is it enough to look at the views of my son and if there would typically be levels of mediation prior to any legal challenges.
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.
Will he have to change schools?
Has your son told his mother that he wishes to move?
Clare
Customer: replied 2 years ago.
Hi - we could keep him in the same school he currently lives in Leeds and I am in Rotherham but work in Leeds so could keep him in the same school. In terms of him speaking to his mum am not sure he has.
Expert:  Clare replied 2 years ago.
Hi
How long would his journey to school take?
Clare
Customer: replied 2 years ago.
30/45 mins in terms of his current routine he would not be getting up any earlier then he does currently
Expert:  Clare replied 2 years ago.
Hi
At 14 the wishes of your son are of great importance in terms of where he lives and a Court would only go against his wishes if there were serious safe guarding issues involved.Your starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
and a mediator trained to work with young people so that your son's voice can be heard.
If that fails then you will have to apply to the court for a Child Arrangement Order stating the the child lives with you.
I hope that this is of assistance - please ask if you need further details
Clare