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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1364
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Following the death of my ex-wife there is a dispute about

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Following the death of my ex-wife there is a dispute about who provides care for my children. My ex-wife and I didn't get on and in her will she has apprarently arranged for my children to be cared for by her brother and sister. The children are both girls and are 17 and 15 years old. I believe my ex-wife spent the last 5 months of her life persuading the children this shared care arrangement was better for them than living with me. I have a meeting with the brother and sister and a social worker on sept 22nd and don't wish to start any proceedings until after that that assuming the brother and sister don't agree to step down. Following our separation in 2003 and subsequent divorce I have always maintained as much contact with the children as I was allowed and we have had a close relationship up until march this year. The children are currently living in their mothers house in Shrewsbury with their aunt. My ex-wife died on august 13th. I would appreciate your initial thoughts on my chances if this went to court.
Thank you for your question.
I am a Solicitor and will assist you.
I am sorry to hear about about recent events.
The Court is not bound by any provision provided for in your ex's will as to the care of the children.
That being said - your children are of an age whereby any court would give strong weight to their wishes and feeling - that being their thoughts and opinion about who it is that they want to stay with. The court would not entertain an application made by you in respect of your 17 year old and although might accept an application in respect of oyur 15 year old - in reality would likely order in accordance with your childrens wishes and feelings.
Kind Regards
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Customer: replied 2 years ago.
Thank you. Obviously that's not the answer I'd hoped for. Does that mean that if a teenager argues with a parent and runs away to a relative, the parent cannot do anything unless the teenager wants to come back?
Thank you for your response.
Whilst I fully appreciate that the legal position is not what you want to hear and not really what I want to tell you - I do have a duty to be honest.
Once children are old enough to express their wishes and feelings (usually considered around 14) then they can technically 'vote with their feet'.
Kind regards
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Customer: replied 2 years ago.
Thank you again.