We came across this communication from a family court judge in the UK to two young brothers caught up in an acrimonious custody battle between their parents. It’s rather sweet that the judge took the time to explain his decision to the boys, who are old enough to have preferences but not old enough to fully understand all the implications of those preferences. Judge John speaks to the children in language they can understand without talking down to them. It’s a simple explanation of the complex decision-making process a family court judge has to undertake.
Reprinted from the BBC – 2023-02-03
A judge has written to two brothers to explain his ruling in a custody battle.
Judge John McKendrick, who sits at the Central Family Court in London, had presided over a case to decide how much time they should spend with each parent.
In his letter to the boys, aged eight and 11, he said: “I have asked your Mum and Dad to behave a bit better.”
The judge had ruled the siblings should spend alternate weeks at the London home of each parent.
The couple, who divorced in 2017, had been in dispute over where their sons should live.
The mother wanted the judge allow her sons to leave London to live permanently with her in a property in Somerset. This would have meant the father having his sons only at weekends and in the holidays.
Although the judge said he had taken into consideration that both boys “like the idea of living with your Mum in Somerset”, he went on to explain that “judges sometimes have to make decisions when parents cannot agree”.
Judge McKendrick also told the boys: “I have told your parents to stop ‘the crap’.
His letter concluded: “I hope you can both settle down with the new school term week about with Mum and Dad in your London homes.
“I hope you will enjoy nice holidays in Somerset. I wish you both good luck.
“Judge John.”
Cape Town attorney can help
SD Law is a firm of family attorneys in Cape Town and Johannesburg with deep experience of helping families in a variety of circumstances. If you are struggling with custody decisions, we can review your care and contact arrangements and recommend an appropriate course of action for you. Contact Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za for a confidential discussion.
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Divorce Attorney Cape Town
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