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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask if an 11.5 year old will have any say who they live with

8 replies

Mummyshark2019 · 03/09/2023 04:34

I am starting divorce proceedings and would be seeking 100% custody. DD is 11years old. Would rhey be asked who they want to live with? Would they be forced to go with ex for some time?

OP posts:
PicaK · 03/09/2023 05:46

Yes - the judge would ask them their thoughts.
Its always about what's best for the child not what the parents want
Why do you want 100% though? Is there a good reason why any form of custody would be detrimental for your son?

JGRAN · 03/09/2023 05:58

They have two parents

itsgettingweird · 03/09/2023 06:10

Custody isn't really a thing in U.K. if that's where your from.

But when you say 100% custody do you mean to prevent overnight stays with her dad? If so you'd need evidence of abuse and harm being a risk.

If you mean to be the resident parent and her have contact X number of days a week (for a weekend, 1 overnight etc) then yea they'll take the child's opinion into account.

The default is 50/50 because the child has 2 parents. If the father wants that they can request it. If both parents agree they stay at RO house Mon to Fri (for example because of school and travelling) then it can be agreed in mediation and privately.

Courts only get involved where disputes occur and you need a third party. Divorce doesn't need to be adversarial if you and XDH agree.

readingmynightaway · 03/09/2023 06:51

Possibly.
Think long and hard about your choice for wanting 100% care.
You are about to hit some very challenging teenage years and dad needs to be involved to help and give you a break.
Unless he is a unfit parent rather than divorce anger.

hattie43 · 03/09/2023 06:58

Yes . Although my parents divorced over 40 yrs ago I specifically remember having to be interviewed/ asked by a judge various questions for him to determine if we showed any preference.

ApolloandDaphne · 03/09/2023 07:05

Their views will be considered. It is very unusual for one parent to care for the child and the other to have no contact whatsoever (unless they have chosen to do that). It sounds like you don't want your ex involved at all. What reasons do to have for this?

Alwaysdecorating · 03/09/2023 07:08

Generally, their views are considered.

However, if you want 100% residency with little to know input from the other parent there needs to be a really good reason why. Like abuse.

I have to assume that’s the situation here. Because why else would one parent want to completely cut the other parent off?

If there isn’t abuse and the child seems to not want to see their other parent at all, for no reason, it could turn into accusations of parental alienation.

RexWillKillYou · 03/09/2023 07:16

JGRAN · 03/09/2023 05:58

They have two parents

Some parents are awful, either deliberately or because they cannot cope. It’s not fair on anyone to force a child on someone who just can’t or won’t cope.

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