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Can a 16 year old DD choose where to live?

4 replies

sneezecakesmum · 08/02/2011 20:51

BILs DD is nearly 16 and he has separated from his ExP. He thinks DD will want to go with him (she has always said this) and their house sold. So far he has not spoken to DD about this yet as ExP is denying him access and monitoring her calls/texts. Also we think DD is too scared of her mum to say anything openly. The split is very recent and nothing financially settled yet. Does he have to go to court to get residency as she will be attending college until 18 or can she just pack a bag on her birthday and leave?

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NorthernGobshite · 08/02/2011 21:11

I am fairly sure at 16 she can live where she wants.

sneezecakesmum · 08/02/2011 21:14

We thought so too Grin

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Resolution · 08/02/2011 21:19

At 16 a child falls outside of the power of the court to make orders under s8 of the Children Act 1989, ie residence, contact, prohibited steps, and specific issue orders. I'd advise him to be careful though. Might all backfire. When did any 16year old do whatever she was told?

sneezecakesmum · 08/02/2011 21:39

BIL wants DD to make the decision, sadly she is being told what to do now - ie send horrible texts to BIL - saying she wants him under a car!! (it was her mum that sent it though)

I can see the last scene of The Graduate when they both run off into the sunset together! It will mean leaving all her friends though so she may opt to stay, but at least she can make that choice.

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