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Child age in court.
#1
Hi, is there a specific age that a child's wishes are heard in court?

My son of 7 is constantly saying he wants to spend more time with me on an equal basis with his mum. Our last court attendance was only a couple of years ago where the current CAO got set out.

Thanks
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#2
Its normally from around the age of 10 they start to listen a little bit to their wishes and feelings. At 7 he would be too young currently. If you got a good contact order then i wouldnt apply to courts..if its not that good you could consider varying so you get a little bit more
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#3
How much time is it at the moment? Cafcass do talk to children at all ages, bar the very young, but technically only age 10 upwards have their wishes and feelings taken into account.

It would be expected that there would need to be changes to schedules over time as kids grow up and two years is quite some time ago now. But the court would also expect to see you've really tried to agree things between you before going back to court. Eg mediation, negotiating by email over a period of time - that kind of thing. Although presumably your ex has no incentive to change anything and prefers having more of the time.

The difficulty with applying to court for more time now is - they would say - why - when the schedule has been working well. And there are no welfare issues. Often with an existing schedule they will only change it to 50/50 as a kind of removal of residency from the Mother due to her breaching a lot or something - and making both parents equal - to curb her power. IMO.

So first thing would be to start mediation and try to do things amicably. If you wait till he's 10 or 11 then the danger is the ex may start manipulating him to say otherwise and your son is then in the middle of conflict.

What schedule do you have now? If your week-ends don't include Sunday nights then I would think that is a good reason to apply to vary for more time.
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