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If your child wants to live with you, how can the mum stop them deciding?

 
(@blindsided)
Estimable Member Registered

Morning everyone,

It's been some time since I last posted here back when I was going through a difficult divorce.

 

I have 2 daughter, 13 and 11, they live in the uk with their mum, I live in Sweden now with my girlfriend.

 

My 13 year old has been having a hard time living with her mum for a few years now and constantly asks to live with me. 

I've told her that we would love for that to happen, but that it would be best to wait until she is 16 for schooling transition and from a legal standpoint. I had an expensive legal battle in the divorce and the mum is a complete narcissist, so I know that if anything was attempted prior to 16, she would do everything in her power to stop it.

My daughter has expressed her wishes to her mum and her mum has shut her down saying she needs to be 18. I've told my daughter not to poke the hornets nest on it as I don't want the mum to put anything in place prior to my daughter being 16.

My questions are, how likely would the mum be to get a child arrangement order from now till my daughter being 16, and, if at 16 my daughter said 'bye mum', could she apply then and stop her?

We have our own home here in Sweden, a stable environment, financial security etc. She would be coming here to start high school and there is support for none swedish speaking children. The problems I see are her being seperated from her sister, it being another country, language barrier and perhaps the fact I don't physically see them very often (we talk every day and they stay here during school holidays a good portion of the time).

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Topic starter Posted : 10/04/2022 9:18 am
(@bill337)
Illustrious Member

hi,

hope your well. I agree with you in that it's probably not a good idea to take legal route right now. your ex could tell court that she is worried that the next time the kids visit you in Sweden, that you will not let them return to UK. and they might decide to stop them from travelling to see you. It's possible your ex could apply for child arrangement now. but I think she would have a hard time applying for one later on when child is 15/16. law site states: A Child Arrangement Order usually lasts until the child is sixteen, or eighteen in exceptional circumstances, unless the order specifically states otherwise.

I don't think courts would like to separate the children, with one living in UK and other one in Sweden. Thinks it's better to wait a few years and then children can decide with who and where they want to live.

ReplyQuote
Posted : 10/04/2022 11:48 am

(@blindsided)
Estimable Member Registered

Thanks Bill for the reply.

The hope is that there is no legal involvement at all...that my daughter reaches 16 and makes her intention known and there's nothing the mum can do about it.

I couldn't find any info online about that scenario.

 

ReplyQuote
Topic starter Posted : 10/04/2022 2:10 pm
(@bill337)
Illustrious Member

@blindsided Once a young person reaches 16 they can leave home or their parents can ask them to move out. However, parents are responsible for their children's wellbeing until they turn 18 - and they'll likely need support. 

https://www.nspcc.org.uk/keeping-children-safe/in-the-home/moving-out/

I don't think courts will take any action if a parent takes legal route when child is 16.

I took quick look about Swedish citizenship rules and it says someone can apply to be a citizen from the age of 18, but they would need to have lived in Sweden for at least 2 years.

ReplyQuote
Posted : 10/04/2022 6:56 pm

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