Judge with a kind heart

Message to brothers in custody case goes viral

A JUDGE’s ‘lovely’ letter to two brothers at the centre of a bitter custody battle has gone viral online.

John McKendrick was asked to rule on whether the boys, aged eight and 11, should continue splitting their time between their divorced parents’ homes in London or move to Somerset instead with their mother.

After deciding the unnamed pair should stay in London despite their wishes to move to the West Country, the judge wrote to them saying he had asked their parents to ‘behave a bit better and stop the crap’.

Judge McKendrick allowed his letter to the youngsters to be published to show how decisions are made in

‘Their voices have been heard’

family court proceedings. Explaining his reasoning, he told the boys: ‘Looking at all these things in the round I felt this was the best decision for your both, although of course I considered what you both wanted.’

The letter quickly went viral on social media sites, with legal experts saying it made sure the children felt listened to and included.

Lisa Harker of the Nuffield Family Justice Observatory told BBC Radio 4: ‘It’s unusual to see a letter of this kind. We don’t know how many times judges write to children after these kinds of cases where parents are in dispute about arrangements for their children. But we know from listening to children that it is rare and that they often feel that they are not involved in proceedings and don’t really understand what’s going on.

‘It is a lovely letter, it’s really well written, very appropriate language for young children who are involved in this kind of case, and it conveys great kindness and empathy.’

Family solicitor Martin Sewell also praised the ‘brilliant’ letter while Carole Hack, of Amphlett Lissimore solicitors, commended the judge for explaining his decision ‘ in a very child focused way’. She said: ‘The letter demonstrates to the children that their voices have been heard and acknowledges them as being of great significance.’