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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 3346
Experience:  Freelance Solicitor at Self Employed
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Please could you let me know about a family legal issue? It

Customer Question

Please could you let me know about a family legal issue? It is about my almost 16 year old son.
JA: Where is this? It matters because laws vary by location.
Customer: Reigate
JA: What steps have been taken so far?
Customer: None. He lives with me and there is a contact order in place.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 15 days ago.
Category: Law
Expert:  Vineet S replied 15 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 15 days ago.

Hi there,

What is your specific question please?

Customer: replied 15 days ago.
Hello, my 16-year-old son lives with me and is considering moving to his fathers to study A-levels at college. The problem is that his father is only in the country about half the year and lives at his mothers house. Also he is unable to provide for his son financially. The other problem is that I would be unhappy with that, there is a contact order in place and I am responsible for my son living with me during term time currently until he is 18 years old.
Is there any chance a court would say that Leo could live with his father instead of me?
Expert:  Vineet S replied 15 days ago.

Hi there,

Usually, once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

However, there is exception, where there is a Court order (such as a Child Arrangements Order) stating that child should live with one parent , then the child can not decide till he/she attains the age of 18 yrs .

As there is court orders in place, your son would not be able to decide on its own with whom to live with at attaining the age of 16 yrs.

Expert:  Vineet S replied 15 days ago.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 15 days ago.
Thank you! That’s really helpful.
If his father took it to a solicitor, would he be advised to avoid taking it further?
Expert:  Vineet S replied 15 days ago.

Yes , he would be advised that as court orders are in place, and would be effective till the child attain the age of 18 yrs.

Thank you. Best wishes. Enjoy rest of your day.

Customer: replied 15 days ago.
That is awesome! Great news! Hooray, I feel like I can relax again now.
Expert:  Vineet S replied 15 days ago.

Glad I could help.

Have a nice evening. Best wishes.

Customer: replied 15 days ago.
Hello again, if my son went to his father’s against the contact orders terms, what would I do to get him to come back?
Expert:  Vineet S replied 14 days ago.

Hi there,

You can apply to get the contact orders enforced under Section 11-J of the Children Act 1989.

Thank you. Best wishes.

Customer: replied 14 days ago.
Thank you, that’s good to know. In that instance -worse case senator, would I have to see a solicitor?
Would that take long to enforce and sort out?
Expert:  Vineet S replied 14 days ago.

Hi there,

You should first try to get this issue resolved amicably or with the help of family mediators as non -adherence of court orders can be seen as contempt of court.

If it could not get resolved then you have to approach court by filling Form C79.

Court proceedings can take couple of months.

Thank you. Have a nice day.

Customer: replied 13 days ago.
Thank you