What do wishes and feelings of child in court mean?

The first factor on that checklist is the ‘ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)’. The wishes and feelings of the child concerned will not be determinative.

When does the court listen to a child?

The court considers a check list of factors when making orders relating to a child: The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs;

When does a court make a decision about a child?

When a court is making a decision about a child then the child’s welfare is the court’s paramount consideration. The court considers a check list of factors when making orders relating to a child: The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding;

Are there two 10 year olds in the court?

You would think that a child’s age would be easy to measure and you’d be right but there again no two ten year olds are the same.

When to consider wishes and feelings in private children proceedings?

In considering the weight to attach to the child’s wishes and feelings, the court will assess their age and understanding. Where a child is very young little weight, if any, may be given to their views where they are not sufficiently mature to understand the situation.

How are wishes and feelings considered in court?

(a) The ascertainable wishes and feelings with the child concerned, considered in the light of his age and understanding; (d) His age, sex, background and any characteristics of his which the Court considers relevant; (f) How capable each parent (or other relevant person) is of meeting his needs.

Can a court give effect to a child’s wishes?

However again, every child is different and just because a child is older this does not automatically mean that the court will give effect to their wishes and feelings. Moreover, even where a child expresses clear views, if this is contrary to their best interests then the court may decide not to carry them out.

How are wishes and feelings of children considered?

The first of these factors is ‘the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)’. The court should draw a distinction between the child’s ascertainable wishes and feelings and their expressed wishes and feelings.