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[Solved] attending court

 
(@steven1971)
Active Member Registered

i have three kids aged 4-12 and was just wondering when this goes to court ,will my children be spoken too, about there wishes to spend 50-50 with both me and their mum
or are their feeling not taken into consideration. thanks if you can give me any info

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Topic starter Posted : 29/04/2015 1:21 am
(@Nannyjane)
Illustrious Member Registered

Hi there

Generally speaking the older the child the more weight their wishes will carry, the courts consider that once a child is around 10 - 12 their wishes and feelings will be taken more notice of.

I would suggest that you ask the court to order a wishes and feelings report so that your children may be spoken to and their wishes sought. As you have submitted a C1a I'm assuming that you have highlighted some safeguarding issues, usually when that is the case the courts would order a section 7 report and the children's wishes and feelings should form part of that.

ReplyQuote
Posted : 29/04/2015 1:44 am
(@Nannyjane)
Illustrious Member Registered

You may find this link helpful. Check out the stickys at the top of the Legal Eagle section, plenty of useful info there. 🙂

http://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf

ReplyQuote
Posted : 29/04/2015 1:46 am
(@steven1971)
Active Member Registered

yes ive submitted a c1a but there are no safegaurding issues on my part. i know my ex is going to use that to fight against me in court though. as she has said she will say anything to get her way

ReplyQuote
Topic starter Posted : 29/04/2015 2:16 am
(@Nannyjane)
Illustrious Member Registered

...a C1a is used to tell the court of any risks/safeguarding issues faced by the children, that why I assumed you had some concerns for their safety.

ReplyQuote
Posted : 29/04/2015 2:41 am
(@steven1971)
Active Member Registered

i got the forms in a pack. and just presumed i had to fill it in .but thank you for your advice

ReplyQuote
Topic starter Posted : 29/04/2015 3:10 am
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