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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son and s ex-partner live separate and have joint P/R and

Customer Question

Hello, my son and his ex-partner live separate and have joint P/R and a shared residence Order. Mum lives in Morton on the Wirral Dad lives in Liverpool. my grandson has voted with his feet and made a decision that he no longer wants to live with his mother at the Easter half term. Mum has not opposed this action or has not made any contact via telephone on direct visiting . Is this legal for my grandson age 14 years old make the decision to move from his mothers care and into his fathers care without going back to court. Also My grandson wants change school from west Kirby due to the daily task of 2 hours travelling to and from school daily into a local school 10 minutes away from to is fathers address in Liverpool. I feel that he is Gillick Competent although the children Act 1989/2004 says hes not until the age 16 years.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for question

My name Clare

I shall do my best to help you but I need some further information first

Has the father spoken to the mother about this?

Customer: replied 1 year ago.
the father and grandfather have both tried to contact her on the phone she will not answer. in past experience they have made a visits and she becomes agitated and hostile. He has just written her a letter(not yet posted) advising her of the child wishes to change school and not to contact the child while she is under the influence of alcohol
Expert:  Clare replied 1 year ago.

The mother can apply to the court to prevent the move - and then if necessary the court will decide what is best for your grandson.

Given that he is 14 his wishes will be seen as being of great importance - and there is little doubt that the Court will agree to the move - IF of course

the mother even bothers

I hope that this is of assistance - please ask if you need further details