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Question
Posted by: Andy | 2011/06/07

My 13year old child wants to stay with me

Hi there, I''ve got a 13year old son that wants to come and stay with me. My ex-wife doesn''t want to know anything about it sated that it will never happen. According to what I know, there is nothing wrong at his mothers house, his grand parents are there for him after school, they stay in a rural area that is much better that in the city etc, but he is adoment that he wants to come and stay with me. I want what is best for my son. I''ve asked her if I could send him to a social worker so that she can evaluate him, and give an indication to what the best interest for him would be , but she refuses. I will have to start this fight without knowing if it is the right thing to do. Please understand me correctly, I would do anything to have my child with me, but I can not afford a legal battle and in the end loose the case? Please give your advise?

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Our expert says:
Expert ImageFamily law expert

Your child is old enough to have his say and the court will take his views in consideration. If there is a court order in place that states that your ex is the parent of primary residence or the parent having custody, you will need to lodge an application to vary the order. I would invite her to mediation first if I was you, in the event that she does not consent to mediation your only option would be to approach the court.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

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Our users say:
Posted by: family law expert | 2011/06/08

Your child is old enough to have his say and the court will take his views in consideration. If there is a court order in place that states that your ex is the parent of primary residence or the parent having custody, you will need to lodge an application to vary the order. I would invite her to mediation first if I was you, in the event that she does not consent to mediation your only option would be to approach the court.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

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