Over the last dews years my son has increasingly saying he wants to live with me. I know he has already said this to his mother and she emotionally blackmailed her by saying to him “how do think that makes me feel don’t you think I’d miss you do you know how upset that makes me “ I know this because she told me. My son is now 10 years old and still saying he wants to live with me I have spoken to him about what it would be like to live here and he still says he wants to please could someone advice me on what to do next as I k ow this will cause a rather big argument between me and the ex. Who do I speak to about this and how do I start the process if I decide to act on this I’m asking so I can act I. The best interest of my child
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances. The wishes and feelings of a child below the age of 11 may be taken into account but will not usually carry such weight.
When a child reaches the age of 16 they are legally able to decide where they wish to live unless there is a residence order or child arrangements order specifying living arrangements which lasts until a young person is 18.
it's difficult. my childs only 7 and already wants to move in with me lol. i just tell her not to worry, and we will be spending more time during the school holidays etc. it's probably better not to talk about it in length, as your child may end up passing this info to his mum when he goes back, and will cause more issues.
if this is unavoidable, then I think you should sit tight until child is 12, then can take it to court.
Is there any chance of a compromise with your ex to see if he can live with you for more time than he is at the moment? That might be the best way forward if it's possible, to try to avoid having to go to court.