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Residency query re teenage children

(7 Posts)
Sushiqueen Fri 23-Oct-09 11:31:58

I wonder if any one can advise me. I have been lurking for a while but we now have a query which I need some advice on.

My dh has been married before and has children from that marriage. Residency was agreed at that time through a court order.

This was changed when the ex moved abroad with her husband and the children went with them. She had residency and we had agreed access during the holidays. This was often extended at her request but it was basically to the terms of the court order issued for the move.

They then moved back to the UK a few years ago, we then saw the children every other weekend and longer at holidays initally and more recently as and when the children liked. Due to their ages and other interests they have not wanted to come and stay so often.

Now we have been told with a few weeks notice that their mum and husband (and their children) are moving abroad again. My dh's children who are still at school are refusing to move as they are at important stages in their education. So it looks as if they will be moving in with us until they get through their exams.

What we wanted to know is if there are any issues with this, for us legally, seeing as their mum has residency?

The last thing we want is for the children to have any more turmoil. They are distraught enough about the whole situation.

Thanks

piscesmoon Fri 23-Oct-09 17:40:08

I will bump it up for you. I can't see a problem the DCs should be old enough to choose. Teenagers are not going to want to move to a different country when established with school and friends.

mumblechum Fri 23-Oct-09 17:58:27

As long as it's agreed, there should be no problem, but to be on the safe side your dh & the ex should write something out setting out the new arrangements and both sign it & keep a copy.

That way if a disagreement crops up down the line, one party can't accuse the other of disobeying the court order.

The court won't interfere proactively.

Sushiqueen Fri 23-Oct-09 19:18:47

Thanks.

You are right in that they don't want to leave their school and friends. The one bit of security they still have, after being made to move out of their area.

Now have the fun of sorting out all the day to day particulars, including getting them to their schools which are not exactly down the road.

We are trying to keep everything as routine for them as possible.

piscesmoon Fri 23-Oct-09 19:30:27

I think the mum has to accept that they are not possessions and they are past the age where she can take them where ever she likes. She has to choose-staying with, or going without.

babybarrister Fri 23-Oct-09 22:16:43

over age of 14 children's wishes and feelings pretty decisive IMO

NanaNina Sun 25-Oct-09 23:44:59

Is there agreement between your H and his ex about where the children live? If so there should not be a problem. If however there is not an agreement this could be a problem, because the mother holds the Residence Order. What age are the children, because dependendent upon when the RO was granted, they expire when the child is 16. I think there is a move to extend them till 18 but think this is fairly new legislation and am not 100% sure about this.

If the children are young teenagers and there is not agreement between the parents and the youngsters want to stay in the UK with their father and you, then your H would need to apply to the court to vary the RO in his favour. The wishes and feelings of the children involved would be important given their ages.

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