5 Year Old Consulted in Court Case

by Katy Murcutt - Paralegal

16 April 2010, filed under Divorce

A five year old girl has made a legal first by being asked in a custody case which parent she wishes to reside with.

The court assessed the girl as being mature enough to understand the implications of her decision. The court’s decision to ask the young girl where she wishes to live is likely to have a great influence on child abduction cases as the child may be able to intercept their parent’s wishes and decide for themselves in front of the court.

The fiver year old girl is one of three children in the middle of custody battle after the children’s mother brought all three children to England from Ireland in 2009.

The court has heard how the mother took the children and moved to England while the children’s father was at work, despite all three children being brought up in Ireland. The young girl and her eight year old brother were deemed by the court to make instinctive objections regarding returning to Ireland to live with their father when interviewed.

The children’s father brought legal proceedings in the High Court last month in a bid to oblige the mother to return the children to Ireland. The children were interviewed by social workers who conducted an assessment for the court to aid their decision in the matter.

The third child, a three year old boy, has been reasoned by the court to be too young to be able to make an informed opinion regarding the custody battle of his parents. The children’s father challenged the decision of the Court of Appeal regarding his son’s opinion.

The family court’s landmark decision, which has changed the course of legal history, continues last years breakthrough decision by the criminal courts to allow a girl of four years of age to stand as witness at the Old Bailey.

Mr Devereux, representing the children’s father, argued that the children’s removal from Ireland by the mother was well planned and that the Court of Appeal’s ruling had undermined the foundation of international agreements whereby the courts of the country from which a child is taken is the court in which the hearing should commence.

Justice Black stated that there was no indication either child had been influenced by their mother. Lord Justice Sedley and Lord Justice Wilson refused to grant the children’s father permission to appeal. The children shall remain in England with their mother.

Lord Justice Sedley has stated that, due to the importance of the decision of this case, the court shall express the reasoning for its decision at a later date.