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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband's son is 16. He asked to live with us and now has

Resolved Question:

My husband's son is 16. He asked to live with us and now has been living with us since july 2015. He categorically refuses to see his mother who now is remarried and living in the US.
And she is now taking legal action against both my husband and myself for parental alienation, she wants to see her son and accuses us of forcing him not to.
So the question is: Can a 16 year old refuse to see his mother and new husband and what are his rights here in the UK?
Thank you
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Is your son in England or Wales?

Customer: replied 7 months ago.
He is my husband's son and now we are living in England
Customer: replied 7 months ago.
His mother claims that it is our fault if her son doesn't want to see her and wants him to see a uk registered psychologist as she believes he has developed "alienation" for her.
The 16 year old clearly told her in their last conversation via Skype he did not wish to talk to her and he asked her to respect his choice and give him his space and time., which obviously she refuses.
Customer: replied 7 months ago.
He doesn't want to be with his mother and new husband as this one has shown signs of emotional and physical violence towards him.
Customer: replied 7 months ago.
While living with his mother in Germany , he ran away from home twice putting his life into risk by climbing on the house roof
Expert:  Harris replied 7 months ago.

Thanks for confirming. As he lives in England, the English courts will have jurisdiction however, given he is now 16 years old the courts will not deal with any application regarding him (under the Children Act 1989) as the cut-off point is 16. The courts will only consider dealing with children matters up to 18 if there are exceptional circumstances, such as if he has disabilities or special needs.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 7 months ago.
Many thanks for your help! We thought so but wanted to be sure.
Customer: replied 7 months ago.
Sorry, but could you give me an exact reference of where in Children Act I could find this important information, i.e.: "Courts will not deal with any application regarding 16 year-olds", please
Customer: replied 7 months ago.
Would help please to know where to find this information
Customer: replied 7 months ago.
Sorry, but could you give me an exact reference of where in Children Act I could find this important information, i.e.: "Courts will not deal with any application regarding 16 year-olds", please.
Customer: replied 7 months ago.
34;As he lives in England, the English courts will have jurisdiction however, given he is now 16 years old the courts will not deal with any application regarding him (under the Children Act 1989) as the cut-off point is 16. The courts will only consider dealing with children matters up to 18 if there are exceptional circumstances, such as if he has disabilities or special needs."The question is: "Could you give me an exact reference of where in Children Act I could find the aforementioned information, i.e.: "Courts will not deal with any application regarding 16 year-olds", please?
Expert:  ukfamilysolicitor replied 7 months ago.

Hello

The reference you are looking for is here:

http://www.legislation.gov.uk/ukpga/1989/41/section/9

Section 9 - Part (7)

Section 9 details the restrictions in respect of orders sought to spend time / live with a child. Part (7) confirms that this ends at 16.

The mother and her new husbands application to court would therefore not be entertained by the court if she tried to take such action.

Kind Regards

Caroline

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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