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AIBU?

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What will the judge do?

57 replies

Imaginedinos · 12/06/2025 22:50

what will a judge do if DC (11) want to live with their dad full time? How much weight do they give to a child’s “opinion” at that age. Has anyone else been through similar?

OP posts:
BookArt55 · 13/06/2025 14:40

Please speak to your child and find out their reasoning. I find it really strange that they have shared this view and you haven't had a discussion about it.

I know it is hard to think about seeing your child less, however that child is growing and has an opinion that they obviously want heard, they are clearly expressing it. You don't seem to think their opinion matters, and if their opinion doesn't matter or isn't even going to even be heard with such a big thing, are you listening to them about the little things? Time to reevaluate your relationship with your child and listen to them. You aren't going to be able to make a decision and get your own way when the other two people involved disagree with you (dad and child).
I would suggest you agree to 50/50 without court. Let it be tried out, see how it works. Because if you get to court they will make the decision. It's expensive and you will have far less control of the decision making process than you do now.

Uricon2 · 13/06/2025 14:15

You need to ask your son why he wants to be with his father full time. You should also reconsider opposing the 50:50 and come to an amicable arrangement.

sunshineandrain82 · 13/06/2025 14:14

In our experience the court heavily put weight on the child’s wishes at 12 and that is exactly what happened. Child went to live with nrp and minimal contact for rp because of the child’s wishes.

the judge in our case words were “a child will talk with their feet and we don’t want that”

IHopeYouStepOnALegPiece · 13/06/2025 14:11

Imaginedinos · 13/06/2025 08:39

Exactly, that’s why I’m hoping the court won’t give too much weight to it

No, given how unusual it is, the judge may well take this massively into account. you are not thinking this through at all sensibly

IHopeYouStepOnALegPiece · 13/06/2025 14:10

Imaginedinos · 13/06/2025 13:33

To answer some questions yes I’m sure he would have dc full time and I have no idea why he wants to live with his dad, he’s never said. I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place. I’m hopeful that because courts use 50/50 as a starting point and it’s not the norm for children to live with their dad, that judge will just leave it at 50/50

If you want your child to have one home and your child wants that home to be their fathers then unless there is any reason why they shouldn't be there full time you need to realise that refusing 50:50 could backfire massively on you

FortyElephants · 13/06/2025 14:08

Imaginedinos · 13/06/2025 08:39

Exactly, that’s why I’m hoping the court won’t give too much weight to it

It's likely to be the opposite. You need to talk to your son and find out why he wants to live with his dad!

notmyrealnameok · 13/06/2025 14:07

Why don’t u speak to ex amd agree to 50/50 and avoid court if you are concerned you might end up worse off?

missmollygreen · 13/06/2025 14:04

TomatoSandwiches · 13/06/2025 13:38

Why do you think your son wants to live with his father full time?

Probably because it sounds like the OP doesnt listen to what they actually want?

DontTouchRoach · 13/06/2025 13:57

Imaginedinos · 13/06/2025 13:33

To answer some questions yes I’m sure he would have dc full time and I have no idea why he wants to live with his dad, he’s never said. I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place. I’m hopeful that because courts use 50/50 as a starting point and it’s not the norm for children to live with their dad, that judge will just leave it at 50/50

Perhaps if your son saw his father 50-50, which is perfectly reasonable given that he is much his father’s son than he is yours, he wouldn’t be asking to live with him. He’s probably saying he wants to live with him because he misses him a lot while only seeing him 30% of the time.

Jellycatspyjamas · 13/06/2025 13:44

I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place.

Thats not necessarily so, my kids split their time 50/50 - it’s definitely best for them, and what they want. The adults manage our time so that it works for them. You’ll need to evidence why what you want is “best” when your child wants something different.

Lightuptheroom · 13/06/2025 13:44

I'm confused (sorry) your ex asked for 50/50 and you presumably declined? Now it's going to court and you're hoping the judge will give 50/50 anyway? Why is it going to court then? In these circumstances you'll spend time tooing and froing and the child arrangement order would just be put in front of the judge to sign. Do you mean you're hoping the judge will leave it at 70/30?
I'm afraid without wishing to upset anyone, bar a child having additional needs, a judge won't listen to the 'one place to calk home' argument at all, it's seen as beneficial to dc to have substantial contact with both parents. A judge definitely won't listen to an argument involving your wish for dc to consider themselves a 'visitor' to their dads house. I really would would suggest that you neutralise the language otherwise you'll come across as wanting to minimise contact which will lead to the opposite happening

tumblingdowntherabbithole · 13/06/2025 13:44

Why didn't you just go with 50/50 without dragging everyone through the courts?

You're now at risk of getting even less time because a judge will absolutely listen to an 11yo.

MikeRafone · 13/06/2025 13:39

Imaginedinos · 13/06/2025 13:33

To answer some questions yes I’m sure he would have dc full time and I have no idea why he wants to live with his dad, he’s never said. I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place. I’m hopeful that because courts use 50/50 as a starting point and it’s not the norm for children to live with their dad, that judge will just leave it at 50/50

That stance could seriously back fire on you

jydge could agree that it’s better if the dc has a home and visits the other parent - but place the dc with dad and visit you

youll not have any come back then as it’s what’s best for the child not you

TomatoSandwiches · 13/06/2025 13:38

Why do you think your son wants to live with his father full time?

Idiotoverhere · 13/06/2025 13:36

Imaginedinos · 13/06/2025 13:33

To answer some questions yes I’m sure he would have dc full time and I have no idea why he wants to live with his dad, he’s never said. I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place. I’m hopeful that because courts use 50/50 as a starting point and it’s not the norm for children to live with their dad, that judge will just leave it at 50/50

And you haven’t asked him?
Would DS have his own room there?
Does DH work hours that would work with having DS full time?

Imaginedinos · 13/06/2025 13:33

To answer some questions yes I’m sure he would have dc full time and I have no idea why he wants to live with his dad, he’s never said. I’ve refused 50/50 because it’s better for dc to have one place they count as home so it’s stable and then he visits his dad place. I’m hopeful that because courts use 50/50 as a starting point and it’s not the norm for children to live with their dad, that judge will just leave it at 50/50

OP posts:
StormBrewin · 13/06/2025 11:08

Imaginedinos · 13/06/2025 08:39

Exactly, that’s why I’m hoping the court won’t give too much weight to it

i think it will be the opposite: because it’s unusual, they are more likely to sit up and take an interest in the view of the child. It’s quite unusual for a child that age to not prefer being with Mum, I know I’m stereotyping but it’s true. So for your DC to strongly prefer the opposite of the norm, I think will make it more likely to happen.

You must know why dc does want to live with you.

MellowPinkDeer · 13/06/2025 09:04

Why do you want to disregard your child’s feelings and force them to have an arrangement they don’t want? There must be a reason why they don’t want to be with you?

Idiotoverhere · 13/06/2025 09:03

Is there any reason why 50:50 wouldn’t work?

MikeRafone · 13/06/2025 09:03

Often children feel that living with the other parent will be easier as they can run away from the rules at home.

when they get there other rules and problems arise, it’s not greener on the otherside

have you tried or offered for mediation for 50/50 instead of court?

BigFatLiar · 13/06/2025 09:02

Would he be happy to have them full time? Remember with 50/50 you'll still see them more than he does just now. If you push to hard you may push them away.

Swiftie1878 · 13/06/2025 08:55

It will definitely be considered and carry some weight. Why do they want to be with him?
Why would you refuse 50:50 when your DC wants more time with Dad?

Lightuptheroom · 13/06/2025 08:52

Imaginedinos · 13/06/2025 08:38

Well I’m the primary parent and I’ll hardly ever see dc mainly

Erm, I'd suggest you don't let that come across in court, there isn't any such thing as primary parent and you could have the judge wanting to understand why you feel you are more important. Unfortunately by refusing 50/50 you've opened up a situation, as in reality you'd both see dc for 'equal' time

CorneliaCupp · 13/06/2025 08:40

Why does he want to live with his Dad full time?

Imaginedinos · 13/06/2025 08:39

StormBrewin · 13/06/2025 00:03

It’s very unusual for a child that age to have such strength of feeling.

Exactly, that’s why I’m hoping the court won’t give too much weight to it

OP posts:
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