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Clare, Solicitor
Category: Law
Satisfied Customers: 34911
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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at what age in the uk can a child make the decision of custody

Customer Question

at what age in the uk can a child make the decision of custody an dis there a test they take to show they are able to make sensible decisions
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
The Legal age at which a child who is not in the Care system can chose who they live with is 16.
However between the ages of 12 and 16 the Family Court will usually respect the Child's wishes unless there are serious safeguarding issues involved.
There is no test to be taken - it is usually a matter of CAFCASS deciding haw capable the child is of understanding the implications of the choice made
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

if she is ten, and really wishes to stay where she has always lived and at present lives with daddy is it worth going the courts, she has clubs here two sets of grandparents here, and the other half is taking her to someone else's house where she adamantly doesn't wish to be in her own words. i feel completely tied, i don't understand why something cannot be done. it seem shse has her head screwed on and this is about an adult doing what they want not want could be better for the child. she has all her activities here sailing, swimming surfing and she is moving to the middle of nowhere win the country. here she has 5 people to lok after rher get her to clubs give her time, the other venue they are trying for a baby and always busy. would you consider that it is worth me going to court on the basis that you have said 12 then i am i right in thinking it is just law that woman gets her even with the above facts. thanks


Expert:  Clare replied 3 years ago.
Actually on the facts you outline there is every chance of success.
How is the child's time shared between the parents at the moment and how far away is the mother moving?
Customer: replied 3 years ago.



at present she lives with me full-time and has done for a few months, over the last three years she has spent more and more time with me. the mum has moved away and Poppy wishes to stay. she came to live with me on the basis it would be for a while and she may leave at the end of the year. poppy has now seen it is ok to live with daddy and wants to live here rather than go and live in someone else's house. my ex said if she had known Poppy would want to stay then then she wouldn't have let her stay in the first place. i feel this is about the control issues of my ex rather than actually what Poppy wants and her best interests. they are moving around and hour an half two hours away. my ex has always worked full-time so myself and her parents have looked after Poppy. she now has given up work and her house, to move to try and have a baby i do not feel Poppy has been really thought of. thank you

Expert:  Clare replied 3 years ago.
What contact does she have with mum at the moment?