My 11 year old nephew is unhappy at home with mum and wants to live with his dad. He keeps running away as he says his mum doesn't listen to him. His mum is in a relationship where her partner does not spend time with the children and he is unhappy about a forthcoming marriage. His mum and dad were never married and she is fickle about when he can see the children. What are my nephews rights? At what age can he choose to live with his dad? Does dad have to file for parental rights or a residency order? Thanks

Is there a custody/visitation agreement - by Court Order?

In UK, and no courts involved in separation. Purely when mum wants him to see dad he can. All other posts seem to relate to US law.

In UK. No courts involved in separation, visits to dad currently when mum says so. It seems all other posts relate to US law.

Much the same as the US - the custodial parent (where the child lives) pretty much controls the situation until the Court reviews the situation and makes a determination in the best interest of the CHILD.

The father should go to Court and request custody. The Court will speak to the child but the child will not have the final say. The child will be heard, however.

As in the US a child in the UK cannot decide which parent to live with. This is a decision made by a court.

In parts of the UK a child can decide at 16.

A residence order is an order providing where a child should live. In cases where there is a dispute about where a child should live, the court decides this according to the child's welfare, while the a main consideration is usually who has been the main carer for the child. In practice there is probably a presumption that the mother has been the main carer and if this has not been the case, the father has the burden to prove this.