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Hi my 13 year old son decided last week that he couldn’t stand living with his mum any more and that he wanted to live with me. He gave his reasons to her and there are lots but she won’t accept it at all . Telling him he is lying and that she will make him go back to her. He has said he will run away back to me each time she takes him . Is this goes
To court what is the likelihood he will be able to stay with me . Sorry for the long winded question and thank you in advance
Hi there
At 13 his wishes and feelings would be taken into account, if it went to court. Is there an existing court order to state that he lives with his mother?
Has he gone to you, only for the mother to physically remove him? That isn’t right, if he comes to you, you could give the police a call and explain that your son wants to remain with you, but is scared that she will force him to return. If there has been any physical abuse from his mother the police would want to talk to him about it and would nmake a report to Social Services.
Whilst she can’t force him to return, she could apply to court to have him returned.. which could happen, if she has made allegations about your ability to parent, which is more common than you’d think. There’s no way of knowing outcomes I’m afraid.
Once it has been decided that he is living with you, rather than wait for her to make the first move to court, I would submit an urgent no notice application for a Prohibited Steps Order to prevent his removal from your care. As long as you understand that the court will expect you to encourage regular contact with his mother.
Alternatively you could try mediation to try and reach some agreement. Perhaps a compromise position where he lives alternate weeks with each of you.
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