Judge's letter to boy on why he must live with mother
Mr Justice Peter Jackson ruled that the boy should stay with his mother when his father moves to Scandinavia
A senior judge has written to a 14-year-old boy explaining why he cannot live with his father.
The case reached the Family Division of the High Court after the boy, and then his father, instructed solicitors.
Mr Justice Peter Jackson ruled that the boy should stay with his mother when his father moves to Scandinavia.
Typically, judges produce a written ruling but in this case, he decided to write to the boy directly to explain how he had reached his decision.Â
He later published the letter on a legal website, giving the youngster the pseudonym ‘Sam’.
It read: ‘Dear Sam ... I believe that your feelings are that you love everyone in your family very much, just as they love you. The fact that your parents don’t agree is naturally very stressful for you, and indeed for them.
‘Normally, even when parents are separated, they manage to agree on the best arrangements for their children. If they can’t, the court is there as a last resort. ... Unfortunately, in your case, there have been court orders since you were one year old ...
‘What this shows is how very difficult your parents have found it to reach agreements.’
The judge said he was impressed with the way the teenager had given evidence in July, but said he believed his father was ‘troubled’.
‘Your parents have very different personalities. There is nothing wrong with that, it’s one of the joys of life that people are different. One of your homes is quite conventional, the other very unconventional. There’s nothing wr ong with that either.
‘What is of concern to me is ... I see your mother and [your stepfather] Paul as being content with the life they lead, but I don’t see that in your father.
‘He is a man with some great qualities. When he is relaxed, he has charm and intelligence. But underneath that, I see someone who is troubled, not happy. He has not achieved his goals in life â€" apart of course from having you.
‘Because of his personality style, and the love you feel for him, he has a lot of influence over you. All fathers influence their sons, but your father goes a lot further than that.Â
'I’m quite clear that if he was happy with the present arrangements, you probably would be too. Because he isn’t, you aren’t.’ He added: ‘My view is that you brought the proceedings mainly as a way of showing your dad how much you love him. It was mainly to meet his needs, and not yours.
‘I have seen the self-centred way that he behaves, even in the courtroom, and how he makes sure everybody knows how little respect he has for anybody who disagrees with him.’
The case reached the Family Division of the High Court after the boy, and then his father, instructed solicitors
He went on: ‘Sam, I realise that this order is not the one that you said you wanted me to make, but I am confident that it is the right order for you in the long run.’
He ended his ruling on a light note. ‘Lastly, I wanted to tell you that your dad and I enjoyed finding out that we both love the film My Cousin Vinny, even if it might be for different reasons,’ the judge wrote.
‘He mentioned it as an example of a miscarriage of justice, while I remember it for the best courtroom scenes in any film, and the fact that justice was done in the end.’
The judge said he had read out his decision to the boy’s parents in court and handed the letter to a solicitor who later passed it on the teenager.< /p>
He said ‘Sam’ was unable to stay until the end of the hearing because of a school trip, prompting him to write the letter.
The boy currently lives with his mother and stepfather, where he will stay after the judgment.
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