Six months ago my daughter decided she wanted to live with me, she is 11 years old, when me and my ex wife were divorced 5 years ago as my daughter was very young i was advised that the courts would rule in my ex's favour for residency, i could of gone to court but was adviced it would cost alot of money and the cahnces were i would loose. the courts signed over legal guardianship to my ex wife, now that my daughter lives with me full time and we do have shared resposibilitys but i am the main carer as she resides with me. the question i am asking is how old can a child be to say where she wants to live in a ourt of law and also as i am the main carer have i got any legal right or is my ex wife still legal quardian.
November 27, 2008 by Anonymous
The situation as I understand it is that a residency order was made concerning your daughter in favor of your former wife at the time of your divorce. Your daughter now wishes to live with you. If this is the case it will be necessary to apply to the court for an order varied in residency. If this can be agreed with your former wife, the procedure would be quite straightforward and it is unlikely that your personal attendance before the court will be required. If matters should become disputed, your daughter is now of an age when her wishes would be taken into consideration
Permalink
Relevant Q&A
Click on any Q to read the answer.
- My partner is stopping me from seeing my children. What can I do?
- My son has lived with my parents for the past 2 years after his mother ''gave him to me'' and me for 6 months after that. He would have lived with me sooner, but my job did not make this feasible until now. My son has seen his mother twice in the last yea
- My husband and I separated 8 months ago after 9 years of marriage. Initially we decided he'd move out of the family home and my daughter and I will continue to live there. All the arrangements were made in a friendly manner and no written agreement was
- I am a mother or 2 children, 4 years ago I moved from Devon to Southend with my 2 children and have set up a new home and am in a new marriage. However the father of my 2 children still lives in Devon, he too has now remarried and has 2 more children i
- My son is now 15 and wants to come and live with me. What do I have to do legally to arrange this
Legal Advice Service
A collection of professionally written legal articles
I want to:
• Get a divorce
• Have contact with my children
• Make a small claim
•Write a letter of claim
•Obtain a Grant of Probate
•Get legal advice and help with my case
•Make a Will
•Change my Name
•Prepare a legally binding agreement
• Sever a Joint tenancy
• Prepare a Partnership Agreement
• Sell a Jointly owned Property
• Appoint a Guardian for my children
User login
Follow us