Five-year-old has her say for court case

Legal history has been made in a family dispute in which a court took account of a five-year-old's objections to living with the father she feared.

A judge ruled the girl and her brother, aged eight, had "attained an age and level of maturity" to have their wishes taken into account.

The children and their younger brother lived in Ireland before their mother removed them to England last summer without telling their father of her intentions – he came home from work to find his family had gone.

Hide Ad
Hide Ad

Last month, Mrs Justice Black, sitting in the High Court's Family Division in London, rejected an application by the Irish-born father for the summary return of the children under the Hague Convention.

Details emerged following an unsuccessful move this week by the father to challenge her ruling in the Court of Appeal.

The girl was aged five when she was interviewed by an officer from the Children and Family Court Advisory and Support Service in relation to the proceedings – to establish if she had any objections to a return to Ireland – and aged six when Mrs Justice Black announced her decision in March.

In her ruling the judge said the convention "does not stipulate an age below which a child cannot have attained an age and degree of maturity at which it is appropriate to take account of its views and nor do the authorities".

Hide Ad
Hide Ad

At the Appeal Court, a barrister representing the father described the case as "unique", saying that five was the youngest age reported at which a child was found to be mature enough to have their views taken into account.

The father was refused permission to appeal.