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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1380
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife left our marital home taking our 2 boys aged7&12 a

Customer Question

My wife left our marital home taking our 2 boys aged7&12 a year ago moving 100 miles away .eldest child wants to come back live with me .is there a chance he could come end live with me
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
I note that despite your 7 year old expressing that he wants to live with you that Cafcass still recommended that he lives with his mother.
This is likely because:
1) courts dont like separating siblings
2) your son is still a bit too young for the court to give high regard to his wishes and feelings.
Children are considered Gillick competent at around the age of 14. This is when the court will give high regard to their wishes and feelings. All children are different and some will be competent at a younger age and some at an older age.
Hopefully the court has ordered that you get to spend some quality time with your children - so enjoy this time. If your son is still saying when he is older that he wants to live with you - then the court will likely listen.
Kind Regards
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Expert:  ukfamilysolicitor replied 2 years ago.
Sorry typo meant to write age 12
Please don't hesitate to ask if I can assist further