Can a 10 year old child decide where to live?
What can a 10-year-old child decide?
Children up to the age of ten are already capable of thinking about the future and making decisions whose consequences are not felt immediately. Children of this age can therefore have a say in how they want to redesign their children’s room and have a say in where and how the family vacation should be spent.
When can a child decide which parent to live with?
When can a child decide for itself whether it wants to go to its father/mother? From the age of 12, children are allowed to have a say in the right of contact, whether they want to continue to have contact with the parent who is far from the family.
Can the child decide where to stay?
No, under 18s are not allowed to decide where to stay against the will of their parents. However, if one parent applies for the sole right to determine residence, the child must be heard from the age of 14 and can have a say in decisions accordingly.
Who determines the whereabouts of the child?
The right to determine the place of residence is a matter of considerable importance as part of the right of custody (§ 1631 Para. 1 BGB). This means that both parents can only decide together where the (minor) child can stay and for how long and where it can live.
Custody and residency rights. Where should the child live?
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Who usually gets the right to determine the place of residence?
From the birth of the child, the right to determine the place of residence is given to the person who has custody of the child. In the case of married parents, this is both; in the case of unmarried parents without a declaration of custody from the father, it is the mother.
Can father prevent moving?
If the father now has the feeling that his relationship with the child is endangered by the planned move or that his custody or visitation opportunities are impeded, he can refuse permission for the move. If the mother still insists on moving, she can have this decided by the courts.
Can a child simply move to the father?
In families separated, the question can arise as to where the child or children should live: with the mother or with the father. If parents cannot agree on this, the family court sometimes has to determine the residence. The judges decide what is best for the child’s welfare.
What to do if the child no longer wants to go to the father?
Especially with small children such as infants and babies, there is a risk that the child will not be able to bond with its father if the mother refuses contact. Therefore, in such cases, the father should definitely consult the youth welfare office and, if necessary, sue in the family court.
What are the reasons for the right to determine residence?
A court must have serious grounds for depriving a parent of the right to determine their place of residence. This is the case when the well-being of the child is endangered, i.e. the child is physically, mentally or emotionally endangered by one of the parents or is already being harmed.
What can the father decide?
- Personal care: including care, upbringing, supervision, residence, training, contact with other people, medical care, leisure activities, choice of religion.
- Asset management: including opening bank accounts or savings accounts, asset management (e.g.
Can a father take children away from a mother?
As a rule, both parents have custody and have a right to contact with the children. However, if they cannot agree, the family court will decide if necessary and grant the father or mother the right to determine the place of residence.
Do mothers have more rights than fathers?
A father has the same rights as the mother of a child. In the past, however, these rights for fathers were less extensive than they are today. Especially since 2010, for example, single fathers have been able to obtain parental care rights without the consent of the child’s mother.
How do manipulated children behave?
They are withdrawn, fidgety or suffer from uncontrolled outbursts of anger. Affected children make conflicting statements and behave differently depending on which parent is present. The children are also forced to spread manipulated statements in order to protect the environment (neighbors, school, kindergarten, …)
How long does a child have to go to the father?
The law does not regulate how often and for how long the father can exercise his right of access. According to the decision of the Brandenburg Higher Regional Court of 07.06.2012 (Az.: 15 UF 314/11), contact must not take more time than the care time of the parent with whom the child has his center of life.
How far away can a mother and child move?
In theory, she could change her own place of residence, but where would the child be then? However, the need for consent relates only to the child’s place of residence. This also applies if there are good reasons (from the point of view of the child’s mother) for the move.
How far can you move if you have joint custody?
How far away can you move if you have joint custody? ? You can only move within your city and district without a say. With a radius of 30 to 50 km, no court will issue a ban on moving.
How far can I move without my father’s consent?
A move to the surrounding area is therefore possible at any time without the consent of the other parent. The matter is to be assessed completely differently when it comes to matters that are of considerable importance for the child. In such a case, the consent of both parents is always required.
How far away can you move with a child after separation?
In theory, she could change her own place of residence, but where would the child be then? However, the need for consent relates only to the child’s place of residence. This also applies if there are good reasons (from the point of view of the child’s mother) for the move.
Who pays for the trip to the father?
In the language of the lawyers, the travel costs are “handling costs”. In addition, the principle applies that contact costs are to be borne by the parent who is responsible for contact with the child. Your partner therefore has to bear the travel costs when picking up the children.
As a father, do you have an obligation to pick up and bring?
Normally, the person entitled to access, i.e. the father in your case, takes care of picking up and bringing the child. There are actually only exceptions if this is not feasible in individual cases. Hello, it is no longer the case that the KV has to bear the costs.
Can my ex wife just move away with the kids?
You can go to the youth welfare office, if necessary by lawyer or court order. She can go where she wants to go. But without your consent, the child may not move away with you. BUT, once she has done it, it will be difficult to counteract it again.
How to lose the right of residence?
When do you lose the right to determine your place of residence? A parent automatically loses this right if they lose custody. It is also possible that a parent is only deprived of the right to determine their place of residence, but not of custody.
What are the responsibilities of a separated father?
The father has an obligation to deal with his child (but this cannot be enforced) The father has an obligation to maintain the child. The amount depends on his income and must be paid to the mother of the child or can also be arranged through the responsible youth welfare office.
What does the mother have to tell the father?
OBLIGATION TO DISCLOSURE. In addition to contact, the mother’s obligation to provide information to the biological father is now regulated by law. She must inform him about the development of the child.
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