Judges explain their decisions to the children
The most important people involved in many Family Court cases are, of course, the children.
But often the children are too young to have any say in the proceedings, or even to understand what important decisions are being made on their behalf. And even when they are older they may not fully understand.
It is therefore greatly welcomed that judges are increasingly writing letters to such children, explaining what they have done, and why. Hopefully, the children will be shown the letters by their carers, if necessary once they are old enough. And hopefully, the letters will help them to understand what happened to them.
Here are three recent examples of judges writing to children.
The first case concerned a mother’s application for permission to relocate with the child, then aged 12, to a country in Northern Europe. The child indicated that she would prefer to stay in London.
After granting permission, the judge included in his judgment a letter to the child, explaining what he had done. He said: “I know this will disappoint you, but I think that you will have a much better quality of life in Northern Europe.” He went on: “You have a big move ahead of you, but I know that you will settle, you will make friends, and Northern Europe will very shortly feel like home.”
The second case concerned child arrangements proceedings between the parents of four children, who were aged 14, 13, 11 and 9. The children all expressed a clear wish not to see their mother, and for the proceedings relating to them to be brought to an end. The judge did as the children wished, ordering that there be indirect contact only, with the mother sending them monthly emails, and barring the mother from making any further applications for three years, without the permission of the court.
Following this decision, the judge wrote a letter to the children, explaining what she had done, and why, telling them: “I heard loud and clear that you do not want to see your Mum and you want people to stop bothering you. I take what you say seriously.” After explaining what she had ordered, she continued: “I have listened to your voices and have put you first in making this decision. The emails that your Mum is allowed to send are like a bridge towards a relationship with her if you want it. It is up to you whether you cross that bridge and decide to see her in future.”
And the third case was a particularly sad one, involving care proceedings concerning a one year-old child. Unfortunately, the mother disengaged from the proceedings, and the child’s father was unknown. The judge therefore made a care order and placed the child for adoption.
She also wrote a letter to the child, explaining: “Your mum had a very difficult childhood and I think she knew that she would not be able to look after you as well as you needed, especially when you were a little baby. She has had lots of problems of her own and sadly was not able to recover from these. I think she knew that you would be better looked after by your new adoptive parents, who I know will love you very much.” She went on: “I decided that the best outcome for you would be adoption. Your new parents will give you a great life and care for you, they have been specially chosen and they have chosen you too.”
* * *
Family Law Cafe gives you the best strategy to achieve the right outcome for you and your family and keeps them informed and in control 24/7 through a unique and secure online portal. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.
Image: RMC42 / Shutterstock.com
