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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
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 daughter is 10, she visits her father every weekend,

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Hi, my daughter is 10, she visits her father every weekend, one weekend she stays one night the next weekend she stays 2 nights, she says she would prefer just one night every weekend. Her father doesn't want her to do that & says she can't decide untill she is 16 is he correct?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you ever have a weekend with her yourself?
Why does she wish to change the arrangements?
Customer: replied 3 years ago.
She says she misses me to much when it's her 2 night stay, & says it's to much for her to cope with, I only have at weekends for family gatherings or away on holiday.
Are you content with only having weekends then?
Is there a court order in place at all?
Customer: replied 3 years ago.
No court order. I just wanted to know if he is correct in saying she can't decide how many nights she stays at weekends with him until a certain age?
Technically your ex is correct - once your daughter is 16 it is entirely her choice when or if she has contact with her father.
If there is a dispute before then and the Court becomes involved then her wishes will be one of the matters considered by the court - and between the ages of 12 and 16 the wishes of the child are seen as being very relevant - and the closer they are to 16 then the more likely it is that their wishes will be followed.
At 10 your daughter is still a little young for her wishes to be decisive especially as the reason she gives is so vague.
However the starting point is to arrange to discuss the matter with family mediation ( and a mediator trained to work with young people so that your daughters wishes can be properly heard.
Oddly if it does go to court then you would have more luck in swapping to alternate weekends
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you