Re legal separation age of children

[Beehive52]

Am about to start the path towards legal separation and would be glad of preliminary advice. I am concerned about my husbands legal right to access over my children age 14 and 18. I assume the access for the elder one is up to my 'adult ' child but what about the 14 year old..... Am contemplating a move away from the area and want to know the implications of a potential move on access. Hope that makes sense! Thanks.

Is the 14 year old his as well? It's just that from the way you call them "my" children suggests they're not his.

If they are his you'll need his consent or court order to change school, though at 14 the child's wishes are most likely determinative anyway.

Thank you! Yes you are right, they are both our children. My 14 year old has a good relationship with his father and wants to see him regularly. One of our options is to move away and I would be worried about this and my husbands right to legal access.

It isn't about your husbands legal right to access. It is about your son's right to a relationship with his father. And at 14 it is likely his wishes would be the deciding factor.

A 14 year old's wishes would definitely have a lot of weight, not just for contact/access but even residency. Does he want to move away?

Hi and thanks for help. At present trying to sort out what happens next as have just separated. Moving back to where we were two years ago before I found he had been unfaithful , where we have lots of friends and support. I am just exploring possibilities . My son is missing his father terribly and wants him to be here all the time, they have a good relationship, and whilst my son likes the idea of moving back to all his old mates, it is too far away for regular contact. I am not sure that my son realises this.
Whatever decision we all make will be based on considering all the options. I just wanted to see if there were any legalities I need to be aware of before the separation is legalised.

As said, it is your the father that has rights but your son. It seems pretty clear that your son wants to be near his father. Separation is an incredibly difficult time. How would he cope with the added loss of his father being around on a regular basis?
Also, if you move away (which the father could go to court to try and prevent) it could be you that is ordered to do any travelling to facilitate contact. The fact you moved because he was unfaithful will fall on deaf ears in a child matters case.

Not the father*

Is there a chance your son would opt to stay with his father if you move away?

No I would never consider moving without him. It would be only if it was the best thing for him. I am a SAHM with no independent income, 20 year marriage. I will have to stay here if a move may be problematic I never thought my husband would contest it but it is possible we're he to turn nasty.

Or if he felt that his son needed his dad nearby, which seems to be the case from what you're saying. I am tied to the area I live in for this very reason.

Thank you that is very helpful, I am sure the regular contact would be more important than moving back realistically, if it were just me I would be off but I can see it might open a can of worms :(