Understanding Children's Rights

Author: Anna Martin

Every child has basic human rights. The United Nation’s Convention on the Rights of the Child (UNCRC) applies to all children aged 18 or under, and gives children rights in social, economic, civil and cultural issues. The Children’s Rights Alliance for England (CRAE), which is a non government organisation, also monitors development in the UK.

The Convention on the Rights of the Child Treaty

Since 1992, when the Treaty came into force, children in the UK have been entitled to over 40 specific human rights.

As with all humans a child has the right to life, development and survival. They also have the basic right to have their best interests considered at all times and their rights to be respected, regardless of personal view. Freedom of expression, the right to live within a safe family environment and to have contact with both parents, where possible, is also listed. There are also health and welfare rights and the right to enjoy education, the arts, cultural and leisure activities.

Every child is also entitled to special protection from exploitation – whether that is sexual or economic. Those children in the juvenile justice system and refugee children also have special protection rights entitlement.

How Children’s Rights Affect Your Child

Your child has the right to an identity. This means having a name, nationality and the opportunity to explore their cultural heritage. It also means that no child should experience discrimination of any kind, because of their religion, beliefs, language and social origins. Rights also govern a child’s inclusion in recreational and artistic activities.

Where education is concerned every child is entitled to receive good general schooling and equal educational opportunities.

Child Support Rights Checker

Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.

Try our Child Support Rights Checker free, here on this site →

Parental Responsibilities Towards Children

A parent has parental responsibilities and obligations to provide their child with a safe home environment. This includes providing for the child financially, emotionally and physically. It also means that a child should be protected from violence and sexual exploitation and abuse.

A mother or father also has a duty to ensure their child, or children, receive the best level of care. The child’s best interests must also be considered as priority.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

How The Government Helps

Children’s Rights are protected by a number of established laws, and the government is committed to ensuring these laws provide the best level of protection possible for every child. The government also aims to continue to address certain issues, for instance reducing infant and child mortality, by providing adequate medical assistance. Issuing guidelines regarding nutrition and healthcare also enables parents to acknowledge and provide the best level of care for their child.

Poverty And Economic Issues

Poverty affects a vast number of children worldwide. These children miss out on fundamental rights like good health, nutrition, education and personal security and protection. The extent of poverty however, is generally linked to economic activity and policies. Charities like Save The Children work to promote policies and programmes that highlight national and international concerns, and also work with families to increase awareness and ability to care for the children.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

49 questions

Ask Child Support Laws a Question

Marty63 06/06/2021 at 6:01 pm

I have two children aged 3 and 7 with my ex husband my 7 year has some behavioural issues. We have been working it so the children live with me but go to their dad on weds eve for tea and then he has them every Friday night and Saturday daytime as I work Saturdays the rest of the weekend we alternated. He has just announced he will now only have have them on alternate weekends not only is this so unfair on the children as they have spent every Saturday with him since they were born but also it means I cannot work is it worth pursuing the argument with him via mediation/court or should I just agree

Nicks 26/01/2020 at 12:01 am

Hi, my children 16 &13 have been living with me their whole lives. Neither one of them has been close to their dad, although I tried in the early days to maintain a relationship he had zero interest. The only time the children had contact of any form was when he was in between relationships.
Recently he has settled down and has had another child and although we tried again last June to foster a relationship between him and the children it didn’t progress to anything. This evening his girlfriend has contacted to say that they are pursuing court action with regards to the maintenance and for contact. I am just wondering what action he can take as I have complied with all requests for contact except on the occasions it clashed with my children’s karate and guiding/scouting meetings. The reason for this was down to his inability to be reliable. I know that contact/residency are areas that courts cover. The maintenance is handled by the CMS so I am confused about what the court will do about this issue. Generally I just wanted some guidance as both the children’s anxiety goes through the roof especially when their dad enters and leaves their lives repeatedly.

Twinmum 29/09/2019 at 6:45 pm

My ex wanted to have 50/50 with our boys and I agreed to it as a trial basis and said as long as the boys were happy and settled it could continue. The problem is he is not parenting them, he is being their mate and they are not doing homework when at his house they are also late to school. I agreed that he did not have to pay maintenance as long as he split everything with me 50/50 for things they need. However he likes to buy them designer clothes to keep at his house and when it comes to school clothes, pe trainers etc he doesn't reply to my messages about the money because he only likes to buy the showy things. Hes financially irresponsible too and I'm worried that hes having a negative influence on the boys. Can I change the arrangement and inform him of this or do I need a solicitor?

Thanks

Sj 05/05/2019 at 7:51 pm

I have 2 daughters with my ex and since we split he has been in and out of there lives when he chooses I have tried to contact him in the past for them to see him but its excuses all the time. I finally said enough is enough he hasn't seen them for over 8months and hasn't given them no Christmas present or birthday present nothing he has never given me money for them nothing he is on their birth certificate I am wanting to know where I stand cos I want to change there surnames to mine and I don't want to contact him cos he has been abusive in the past to myself and for him to start arguing about contact with the children because it's not fair on them. I myself am ill and don't need the hassle of him upsetting my kids who are 2 and 4. I don't have his new number or address to contact him and his family don't want any hassle either what can I do I want them to have my surname

Step parent 04/05/2019 at 11:38 am

We have a situation where one parent has had two children taken out of her care 2 years ago due to her mental health. She is now having contact with the two children girl aged 7 and boy aged 5 she is by far mother of the year and social services have said she as long as she meets the basic standards it's ok. She is telling telling the children she can come sleep over with her and that contact is going to be 50/50 nine of which is going to happen anytime soon. She is also saying horrible things about me and my family and telling the children not to say anything. She is telling the children to keep secrets. Her partner is not aloud to be around the children due to there volatile relation (domestic abuse) just need some on how to go about her having the minimal contact with the children legally

mel 04/04/2019 at 2:08 pm

hi i am going through csa with my ex partner for my children he is now saying he isnt the dad the our children csa wont to do a dna test but he is now doing it through cellmark test home kit will this be used by csa to ssay if he is or isnt the farther as i now 100percent he is the children dad

Dollie 18/12/2018 at 10:47 pm

Good day. My boyfriend here in the Philippines is a non-resident in UK (he holds African passport) but has a daughter that was born in UK. His ex was Canadian. Both the child and his ex already moved back to Canada but they have this child support set up back in UK. My boyfriend already quit his work as a Marine Engineer and just this month, his ex is asking £3,500 child support and another £2,100 for the Christmas allowance. His ex is giving him deadlines and is threatening him on being in jail if he does not pay on time. My boyfriend does not have a job as of now, is there anything we can do to move the deadline for this money his ex is asking? Thank you.

Bluebell 09/12/2018 at 11:58 pm

Hi
My daughter is 14. He dad and I were married for almost 20 years before we separated. At first things were fine in that we were still mananging the childrne and their needs well. I kept him informed of what was going on. However, 9 months after our separation he met someone else. It was too quick for me as I was still comming to terms with the separation. However, it affected our daughter very badly. He moved in with this lady almost a year ago and my daughter has really struggled with the situation. She has more problems with her dad than she does with his new person. She seems decent and reports from my daughter were positive. My daughter became ill and she said her dad didnt really listen to her and didnt believe her when she had issues with her menatl and physocal health. Hes been out of the picture a lot because hes been so occupied with his new relationship and her children that hes shown little interest in his own duaghter especailly. There have been no enquiries about how she is, whats gong on, is there any way in which he can help. I dont think Im without fault but Ive really had to dig deep and try and work with the hurt and the anger that Ive felt so that it doeesnt affect the children.
She stayed with him for a week as things got too much for me. and now he wants me to INSIST that she goes to stay with him every other weekend. The thing is she is adamant that she doesnt want to go. He has let her down and caused constant dissapointment and she is very very angry and hurt. The problem is that she cant talk to him. She says she feels he ignores her and she says she feels invisible. The times when she has visited, she has come home very upset and it can take a whole week for her to ajust after two days with her father.
What advice can you give me? I cant enforce her stayinf with her dad. I have on several occsions spoken to her and she has gone to his house only to be let down again and again. Validating her belief that shes not important to him. Can she have a say in whether or not she stays with her dad? I am a little bit concerned that he thnks I am influencung her

ChildSupportLaws Editor 05/06/2018 at 10:34 am

A court will not force a non-resident parent to have a child where the parent is unwilling. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Mediation may be an option for you to consider, With regards to child maintenance, you have a right to apply for this regardless of whether the other parent sees the child or not

Mikki 04/06/2018 at 1:36 pm

Hello. I'm 30 years old and have a nearly 8 year old son. His dad and I were together 5/6years. He wasn't fab when were together. We have been separated for 5 years now. He hardly sees my son. Can disappear for weeks with no contact. Before half term he was supposed to collect him from school. Forgot and I had to go collect him 40 mins late. Just last Thursday my son sat waiting for his dad an again a no show. He never gives me any money for jai. If an when he does it's a 10er here or a 5er there. My son is really starting to struggle and is showing early signs of aniexty. I don't work at the minute. Him and his partner both work full time and have a house together. All I wanted was for my son to have a relationship with his dad. But that isn't going to happen. I'm sick of picking up the pieces of his mess all the time. What direction do I need to go in? Thank you for reading

ChildSupportLaws Editor 22/03/2018 at 10:47 am

It is difficult to give you an answer to this question, as there are two sides to every story. If you are having issues regarding sending your children to stay with their father, then mediation may be the way forward. If you restrict access to the children's father, then he would have the option to suggest mediation and/or apply to court. Much depends upon which route you wish to take. If the matter goes to court, then Cafcass may get involved at the request of the court. Cafcass will interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or relatives. However, the court prefers separated parents to try to work together to resolve family issues and if they cannot, then mediation is the next step to consider.

Mum of 3 21/03/2018 at 2:52 pm

I have separated with my children's farther after a 5 year mentality abusive relationship. The children are never happy to go but now I'm having send them screaming shouting crying and holding on to door frames and refusing to leave.
They seem to settle at dad's house but I very uneasy about what he says to them, to calm them down.
He blames me for this behaviour and thinks I'm making them do it!
What rights do my children have?
Am I doing the right thing by sending them?
Please help

ChildSupportLaws Editor 09/03/2018 at 2:47 pm

It is an option once the children become teenager's to express a preference, if the matter goes to court. However, it does not mean the court will act on any preference. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.

Venuslove106 09/03/2018 at 6:35 am

I am in a relationship with a man who has two daughters, aged 13 and 12, and although the decision will ultimately be shared residency (hopefully) as this divorce is finalised, I was wondering if the girls have any say in where they live most of the time. They are old enough to know what is going on, and know that they want to be with both parents, if they want to be with one more than the other, is that an option?

ChildSupportLaws Editor 11/01/2018 at 2:22 pm

In the first instance, you would have to suggest mediation to your ex. If your ex refuses to discuss the matter, then your only option would be to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

Dannn 10/01/2018 at 7:11 pm

I have a current arrangement with my ex having my daughter 5-6 nights in 14 l. I wish to have my daughter more as she if being looked after more by relatives and friends than the mother in the current arrangements she is 5 years old and I live near enough to her school for the travel not to be an issue 25/30min where would I stand on this we have no current court order in place and I pay as per the government calculater. I fear the only reason she would fight this is due to money. What options and chances do I have of increasing the length of time I can have with my daughter (I work 7 days on 7 off so could easily manage the child care myself. Thanks

Dano 27/12/2017 at 2:40 pm

Just a quick quere I separated from my ex (never married)18/19 years ago I was paying csa monthly, then out of the blue she moved to Malta taking our son without my permission. I was still paying CSA, monthly for about 2 years even though she was abroad. I got married 12 years ago have 2 children with my wife. My ex has since married and divorced, whilst still in Malta and currently living with new partner. And she is demanding I pay money back dated for 17 years for my son who is now 20 and living back in this country

ChildSupportLaws Editor 10/11/2017 at 10:13 am

When a case like this occurs, Cafcass will get involved. The Cafcass staff who compile the reports are known as children and family reporters. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. Cafcass will also interview any children involved, as long as they’re old enough. Part of the responsibility of the court is to take the wishes of the children into account where possible, although that doesn’t mean that will necessarily happen. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. We cannot comment on invidual cases - but the court has to take into consideration the case from both sides. If your friend is representing herself, she MUST and will be treated equally before the law and have equal access to justice. The judges have a duty to ensure a fair trial by giving them due assistance to achieve this.

Rachel 09/11/2017 at 3:29 pm

My best friend and her ex share joint custody of their children,her 2 daughters are 9 and 13. The father has been mentally abusing the children so the mother is trying to fight in court to get custody of them as they are petrified of their father and the eldest has panic attacks and wrote letters begging the judge to let them stay with their mother as they are so scared but because the father has money and can afford the best lawyers plus he's very good at crying and making out he's the best fther the judge is favouring him,so what to know is why won't the judge see the evidence from social services and the letters the daughter had wrote about he abuse and gone with the mother?

Lozy 02/09/2017 at 11:23 pm

My daughter was on the child protection for concerns related to my history at the end of the summer holidays i was late to collect my child.as a result my childs dad has collected her and refused to give her back.then i took my child back but he did an emercy order behind my back and the court ordered temp residence to him.im so shocked at this because he is a violent man who drinks and takes drugs.nobody was listening to me so yesterday on my conract day i took my child back and run away i felt i had no option as he scared me threatning me on fone.now hes saying he not allowing me or my family to speak to my child i carnt get legal aid because i have no proif hes still violent as it was 6 years ago he got arrested for been violent to me i dont no were to turn my childs devastated as am.

Bex 29/08/2017 at 8:34 pm

Myself and my partner have had a couple of stressful weeks we had a heated row where it got a little physical my partners ex is now stopping their son from coming to our home due to this police was phoned but it was put down to wasting police time although the children were there we have sorted everything out and a court order is in place but she said she would stop full contact if he comes near our home address

ChildSupportLaws Editor 27/07/2017 at 12:58 pm

If you mother wishes to change the terms of the court order, she would have to apply back to court. If she attempts to breach the court order by stopping you from seeing your dad, your dad would have to the option to refer the matter back to court. As you are now 16, your opinion would count. However, the court will always decide upon what it thinks is in your best interests when making a decision.

Tom 26/07/2017 at 12:30 am

I am 16 and my mother doesn't want me to see my dad, does she have to right to stop me from seeing him since when they got divorced the outcome was joint custody and they haven't gone to court to get it changed?

ChildSupportLaws Editor 15/06/2017 at 12:52 pm

If you share 50/50 residency of your children and you object to the move, then you can apply through court for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as your ex taking your children out of the area to live. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

Evolve 13/06/2017 at 11:57 pm

I share equal custody over our children aged 7 it is a total 50/50 split and have done this for the last 2 years. Now ex wants to move to where they were born and be nearer their family over 300 miles away and take the children. She has a right to move but they are been selfish and thinking of themselves and not the children. They have nearly done 3 years at school and are settled, along with friends from school and neighbourhood. Can they take the children and what can I do legally if they do this?

Jem78 Editor 15/06/2017 at 4:09 pm

@Mowbs - Your boy is now classed as an adult so shouldn't really feature in this equation. If he goes back into full-time education you may be able to claim maintenance from his mum.

Mowbs 09/06/2017 at 9:12 pm

I have two kids. One who stays with me is now 19 and out of work and has not been able to get work and has been told he not intitled to dole money. I have a 13 year old daughter that I have to pay mantinance for. This is where it gets mesy, I have to feed cloth and keep my son and is under my address fool time, I have my daughter 3 weekends out a month from Friday to Monday, and have to pay 168 q month but been told even with ex working I won't get anything to help keep our son and when my daughter comes down she has no clothes with her and with the cms payment being so high I hqve no money left to buy clothes to cloth her.so my question is if I don't pay so I can pout clothes on her and feed her at mine I get my wages arrested.but there is nothing in place so that I don't have to pay twice and last conversation I was told to go to a food bank so I could feed her
Why is there a double standard in place yet again

Kay 08/03/2017 at 8:13 pm

How Is it possible for CSA to state ex has to pay over 130 pounds a month and when CSM took over had said he needs to pay 104 a month when nothing has changed except he now earns 2000 more. If child laws are so important to the government how is it fair the children have their money slashed yet again and CSM in Ireland actually said the government have messed up by stating if they get a pay rise as long as it doesn't go over 25% of what they earn they can keep it from their child how disgusting where do children stand

ChildSupportLaws Editor 02/11/2016 at 1:58 pm

Firstly, child maintenance and child access are unrelated meaning by law the non-resident parent has to support his child financially, regardless of whether he sees the child or not. In addition, child maintenance is not based on who the resident parent is living with or what income is coming into the house, the father is still eligible to pay through assessment of his earnings. If your son wishes to have more contact with his child, he can either suggest mediation to his ex in order to try to resolve the problem, or apply to take the matter to court. If he cannot afford the legal fees of employing a solicitor, he can self-litigate. Likewise, he may get a reduction in court costs if he is on a low income. I hope this helps.

Anya 01/11/2016 at 6:52 pm

My son's ex does not allow him to have contact with their son niw aged 10, only once every six weeks for abour 3 hrs. She does not allow the boy to spend any weekends or holidays with his dad.
She now started to cohabit with someone and is going to move intothat person's house, thus reducing her expenditure.
Despite that she will not agree to any reduction in support payments.
Is there anything my son can do?

ChildSupportLaws Editor 08/09/2016 at 12:37 pm

It is always a difficult question to answer as essentially yes, your sister's ex can make it look as though he is earning less than he makes such as by putting more items down as expenses. It means the CSA/CMS are powerless to enforce child maintenance unless they or your sister can prove he earns more than he is registering.

Becky 07/09/2016 at 7:57 pm

Hi I'm enquiring for my sister as she doesn't understand mentally.
she's been on her own with 5 kids for a few years now after getting out of a controlling relationship & the father of 3 only pays £50 per week when it suits him & that's after she has contacted him as he won't set up a direct debit (still controlling ) .
He's self employed & says if csa get involved that he can fiddle the books so it doesn't show his true income.
Is this right please & should she get csa involved?
Thank you

draw 10/07/2016 at 7:14 pm

Not sure where I stand with this and would like advice. Split with my partner and I am concerned by her ability to look after the children. She is lazy and neglectful and when I go to see the kids I usually have to spend a lot of time cleaning the house and washing their clothes as she never seems to do this. I have found rotten food, excrement, broken glass and a large knife in the bedrooms on the past that she has failed to pick up. They never leave the house except to be taken to nursery and spend all their time in a separate playroom unattended and watching TV. I can't afford my own place at the moment as she left me in a lot of debt and has continued to borrow money since we split and now has no intention of paying back. Don't know which way to turn and would like some advice

Hope 10/06/2016 at 12:17 pm

My daughter is nine years old, recently she dose not want to stay with di long.
There is a court arrangements about time with both of us.
Which right my daughtet have in court if she dose not want to stay with the father so long.

Ali 07/05/2016 at 10:57 pm

I need to know what I can do to help my partners nephew has been Staying with us for a year now, under a family agreement but now the child's mother doesn't want him staying with us anymore so he has been taken and placed in care he clearly wants to come back home, what can we do?

ChildSupportLaws Editor 25/04/2016 at 10:35 am

If your ex is the primary carer of your son, then if you wished your son to live with you full time and your ex does not agree with this, then you would need to apply for a Child Arrangement Order through the courts, It will be up to the court to decide who your son should live with on the basis of what it thinks is in your son's best interests.

Abiabi 24/04/2016 at 8:06 am

My ex was voilent and controlling we split up about three years ago now and he convinced me that my son should attend nursery with him and that he should claim his benefits . now as my son reaches the age of four I believe it is in his best interest to stay with me due to he wanting to be with his sister and brother attend school and have a good family environment the rules and boundaries. I see my son acting out and coming with drawn each time I pick him up ( we have a joint agreement where we share custordy ) . what are my rights as a mother ?

Piddzy88 23/08/2015 at 3:40 pm

Where do I stand if my ex is married to a solider and lives in cypress?? Haven't seen my daughter for 4 years but every time I ask for access she says not until I pay more money

ChildSupportLaws Editor 24/06/2015 at 11:57 am

@Nicnakste87 - I'm afraid this is a tricky one, given that the biological father, despite never having contact, does have certain parental rights if he is named on the birth certificate. Your ex will have the right to take you to court to see his daughter, how the courts might rule, can't be predicted. The fact that your daughter is only five, means that this can be explained much easier than it would had she have been much older, so that is some consolation at least. It depends on whether you want to be honest with your child, or continue to try to hide something, until you can't hide it any longer, as it looks as though her father is not going to go away.

Nicnakste87 21/06/2015 at 10:11 pm

Hi,
My daughter is almost 5 and has not seen her biological father for 3 years. My husband has brought up my daughter and took her on his own and as far as she is aware he is her father. Now her biological father wants contact out of the blue. He has never kept regular contact and i am worried that telling my daughter at such a young age will have a seriously bad affect on her and will not only confuse her but turn her little world upside down. Can some one help. Thanks

ChildSupportLaws Editor 01/04/2015 at 11:08 am

@Pootle - he can try and change this, but if you don't agree you would have to let him take you to court. If you cannot afford solicitor's fees you can self-litigate, see the link; Legal Aid Withdrawal: How to Represent Yourself here. However, before it went to court you may be asked to go to mediation in order to try and sort it out between you. I hope this helps.

Pootle 30/03/2015 at 10:45 am

I have shared residency 50% but my daughters dad now wants 5 days on 5 days off. My daughter doesnt shes 8. He doesn't feed her well living on packet microwave foods and sweets and ice cream. There is also late nights and he sleeps with her in his bed. He says he'll take me to court if i don't comply. Our arrangement has been so for 4.5 years and works. Can he change this? I cant get legal aid and cznt afford court. HELP!

ChildSupportLaws Editor 27/03/2015 at 12:42 pm

@Jacobs - this is very unusual. You should not be asked to sell a house to fund your daughter. You haven't explained very much, are you in arrears? Is it because you owe money? It is difficult to advise as you have given very little detail.

Jacobs 26/03/2015 at 4:27 pm

I have four children and the csa want to sell my four houses (which are in a trust for my kids ) they are taking me to court to undo the trust
They say that my other 16 year old daughter needs the 60 thousand pounds and basically my four kids don't need there family home ?

Lisa 07/03/2015 at 1:02 am

Hi, my daughter is 3 yrs old and under a court order. She came home one evening from her dads in a distressing state. She has claimed something happened to her and I thought she might be slightly exaggerating but next time the father came she ran and hid and wouldn't go.

My ex lives with his mum and its his mother who's upset my daughter so now my daughter won't go.

I am now having to go to a contested hearing to support my daughters rights to what she wants. That's to see dad, but not stay over.

I am unsure how this will turn out because I can not afford legal help and I have no crime ref numbers to support the domestic violence. Only photos of the bruises left behind.

I don't want the court to think I am being disrespectful to their judgement and I am not purposely doing this. I really am concerned. Social services won't get involved to provide an assessment so I have no evidence to submit. My ex pays me £7 a week maintenance due to ill health he is claiming benefits, yet has the money for a solicitor. When he lived with me, we was both working and he worked away paying me nothing towards the bills. This means no savings of my own to fight with.

I just want to get on with my life, and he was having my daughter every week and alternate weekends.

I feel that if I had legal help the first time round then the arrangements would not have been made this way.

It's affecting my daughter the worst, as she does not understand why she has to go. She refuses every time I try to encourage her. I have tried so many different ways, and her facial expressions change on the mention of staying over night.

I'm lost. I have till next wk to submit evidence and statement with only my daughters word. Her voice, I feel is not being listened to and as a mother I am automatically steered into to protecting what it is she wants to do.

I have snipits of evidence to prove the father may be involved in something bad, although I feel it would put my daughters safety at risk if I submit this and it does not bring a positive change.

Debs Editor 25/02/2015 at 2:42 pm

@tigger - you would have to apply for a residency order. As she is 14, her opinion will be taken into consideration through the courts. However, the court will also want the stability of a regular school and family relationships etc, as they will have her best interests at heart.

tigger 23/02/2015 at 8:23 pm

Hi my daughter currently lives with her father ,and she wants to live with me she is 14 years old and we are going throw a divorce , and in which I moved away from the south to the North due to my ex husband to be . Can anyone help

baldeagle101 15/02/2015 at 9:13 pm

Hi there, if he's the childs father and is named on the birth certificate,he is within his legal rights to take the child unless the grandparents get a court order! The child will have a say in where he/she wants to go once at the age of 11. If under 11 the court will decide what's in the child's best interest.

jdg 07/10/2014 at 9:28 am

Hi a family member of mine is in hospital undergoing radio therapy, and her son is staying with her parents which is where they both live, can the father of the child take the son to live with him permanently, the child is 8 does he have the write to decided where he stays.

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