Legal Advice

Thank you everyone for replying. This is going to be a very stressful time as my Son has told my Grandson that he will try to resolve this with his ex partner after Christmas as my Grandson is 13 on Christmas day and we do not want anything to spoil either that or Christmas for everyone.

My Son has a parental responsibility order as when my Grandson was young his mother refused to let my son see him, my Son has for all his life had my Grandson every weekend and every Wednesday, plus holidays throughout the year.

Hopefully the matter may be resolved amicably, I do however very much doubt that but will keep you posted on the outcome.

I just want it to be as stress free as possible, not for us but for my Grandson, as he is at a vulnerable age and I do not want anything to distract him from having a fantastic childhood.

nightowl is right when she says there isn't a fixed age limit and that the wishes and feelings of the child will be taken into account in any court proceedings. The problem that sometimes arises, is that the mother will insist the child returns to her. Unless the father or grandparents/other relative, has a court order giving them shared residence (a residence order) the police have no option but to return the child to his/her legal guardian.

night owl's suggestion that you take legal advice is spot on.

There is no fixed age limit on when a child can choose where they want to live, though your grandson's wishes will be taken into account in any court proceedings.

It would obviously be best for everyone if the parents could resolve this between themselves without going to court. You don't say what the relationship between them is like, but if at all possible I would suggest that your son should broach this subject with his son's mother and try to discuss it with her. If this is not possible, he can apply to the Court for a Child Arrangements Order to decide the matter. Your grandson would be spoken to during this process. I suggest that your son seeks legal advice if he has not already done so.

Children can, with the leave of the Court, apply for an Order on their own behalf, but 13 is perhaps a little young to be considering this unless there is no alternative. Legal advice would definitely be needed in this case.

Under the children act its when the court deems they are able to make a decisions for themselves, usually around 10 - the UN convention on the rights of the child article 12 gives them the right to have their views taken into account over decisions affecting them

www.unicef.org/crc/files/Rights_overview.pdf

I do not think there is a legal minimum, but I think in the past if one parent has objected and tried to go to court, once expert witnesses have spoken to the child and ascertained that it is the child's voluntary decision and they have not been bribed or intimidated into it and they have reached their decision for sound reasons, the decision tends to go with the child rather than the parent.