unmarried fathers rights

H

Head-wrecked

Registered User
Messages
25
Hi
I know that a child can leave home with the consent of parents at 16 but does anyone know about the following scenario, Its a relation of mine.
Parents not married
No formal or legal framework set up but child stays with Father 2 nights a week and with Mother rest of week.
Child 15 and unhappy at mothers, wants to live with father but mother won't agree.
At 16 does he need both parents consent or can he leave home to be with his other parent.
 
I think (but someone please correct me if I am wrong) that in situation of unmarried parents guardianship rests solely with the mother (unless father had applied for and been given guardianship through courts) so the mother can refuse to allow child to go to live with father. Im not sure what age that continues until though - someone here may know if they child can legally live wherever he/she chooses at age 16.
 
In the case above, the mother legally has sole custody & guardianship, so the decision is 100% hers.
 
someone here may know if they child can legally live wherever he/she chooses at age 16.
Click to expand...

Various Childrens Acts say that a child is a minor until they reach 18 & minors cannot have adult responsibilities.
 
Its a very sad situation for all the family, if the mother continues to refuse the child will resent/push further against her. Is there anyway they could try mediation/counselling to resolve it?
 
pc7 said:
Its a very sad situation for all the family, if the mother continues to refuse the child will resent/push further against her. Is there anyway they could try mediation/counselling to resolve it?
Click to expand...
agreed. is the child in question unhappy at some particular bahaviour/activity of mother or just in general - perhaps a compromise could be made if it turned out that some reasonable aspect of mothers behaviour was upsetting child.

on the other hand I was not not happy at certain aspects of my own parents behaviour but as they lived together I didnt have the option of 'i want to live with my dad' - this could be an effort on the childs behalf to get their own way on some issue by 'using' the situation to their advantage - which would be a natural reaction of a child to some perceived or real greviance.
 
Thanks for advice.
Situation is basically that mother is now married with more children. Lots os material goods but very little attention, eg child is sent to room on own while rest of family play monopoly etc,
Father has less money but arranges outings together etc.
Mother has resisted any attempts to formalise situation by saying that if she goes to court she will say what she has to, to get what she wants and will make life difficult for father. So she sets maintenence amounts and demands money frequently. Father is happy to pay for childs needs and buys clothes, school books etc. but gets nothing in return, often arriving to collect child and being told he is grounded and is not allowed to go.
Sad situation and mediation out.
 
very sad situation. i would think the father should go to court to organise access/maintenance/custody etc... He may be eligible for legal aid if he cant afford a solicitor?

Father also need to start a diary recording when he is refused access and receipts for money given (even in form of bank statement showing transfer from his to her account), just so that he has a record of whats going on.

Mind you if child is almost 16 it may be a waste of time as child could be 18 by the time court comes around.
 
Actually we have a very fast entry to district court for family law proceedings. Generally you can be in the district court on an access/guardianship issue within a few weeks. And in many courts the judge will listen to what a child ( or young adult) of 16 has to say as regards where they want to live.
 
Vanilla said:
And in many courts the judge will listen to what a child ( or young adult) of 16 has to say as regards where they want to live.
Click to expand...

Thats interesting Vanilla - I wondered if that would be the case, one would imagine that a child of that age should be allowed to express their opinions on where they live - how easy would that be though - is the child interviewed privately as it could be very difficult to express an opinion like that in front of the mother - especially if the court ruling turned out to be not in fathers favour - things could be worse for child.
 
If this child is not saying to their mother that they want to live with their father then I agree it is unlikely they will say it in front of a judge. There are no hard and fast rules as to a judge listening to what a child has to say, it really depends on the individual circumstances/
 
You must log in or register to reply here.
Back
Top