NZ Judge writes letter to child as judgment

A New Zealand High Court judge has delivered a judgment in the form of a heartfelt letter to a child involved in Family Court proceedings.

In his seven-page decision handed down in Auckland on 31 July, Justice Andrew Becroft explained to 14-year-old “Claude” how he had decided the appeal of a Family Court Interim Parenting Order, and how he hoped to the teenager would one day represent their beloved Warriors in rugby league.

Lawyers for Claude’s parents PAR and SJF agreed a personal letter from the judge rather than a formal legal decision would be helpful for the boy, who in November was ordered to live overseas with his father and two siblings.

“The judge thought that would be in your best interests. You could live with both your brother and your sister. And you would be connected to your father’s culture and language. That judge made a very careful and thoughtful decision,” Justice Becroft wrote.

“Another reason the judge made that decision is that at the time (you will remember) he understood that you agreed to going to [the overseas city]. I think that was what you wanted then.

“After that decision, you began to change your mind. I do not know the exact reasons, but you made that clear to Leanne, your lawyer. And in January, when it came to getting on the plane to [the overseas city], you would not do it. In fact, you would not even get into your mother’s car to go to the airport. It seems that for a little while you ran away from home.”

Justice Becroft outlined how a Judge had then ruled the temporary order for Claude would stand, and a warrant was issued to put Claude on a plane by force if necessary.

“When the judge met you and explained her decision to you, as I understand it, you got very upset. You hit the wall of the room you were in. You needed to be calmed down. The judge had to leave very quickly,” he wrote.

He apologised to Claude for the delay in the ensuing appeal.

“Your mother’s lawyer wanted to argue that your voice had not been properly taken into account. I am sorry the appeal has taken so long to get before this Court,” he wrote.

“When children are involved, these delays are wrong and unacceptable. I want you to know that.

“Before the appeal today, I heard that you wanted to talk to me. This does not happen often in the High Court. But you are 14-and-a-half years old. Your views are important. That is what the law says. All the lawyers agreed that interviewing you would be the right thing to do. So did your mum and your dad. So, I talked to you for about 45 minutes in the court with the Court Registrar present and with Leanne, your lawyer, here as well.

“I enjoyed doing that. It was good to meet you.

“All I need to do in this letter is to summarise what you said.”

Justice Becroft then explained Claude’s wishes to remain in New Zealand.

“The main thing is, you made clear that you do not want to leave Auckland. You do not want to go to [the overseas city]. You want to stay here so that you can go to school to be with your friends and play rugby. You said that you will not get onto the plane. No one could make you do that, and you were not going to go. You were very clear about that. You said that to me several times. I understood it,” he wrote.

“You said that things are better this term at [your school]. You know that there are still improvements to make in your behaviour, but things are going better than in the last two terms. You are taking two tablets for your ADHD every morning, and your brain feels calmer. You like PE. You do not like maths. (And, as I said, neither did I at your age.)”

Justice Becroft told Claude that he had made it clear to the teenager’s parents that Claude did “not have the job or the burden or the responsibility to decide this case”.

“I said you were caught up in the middle. It is not your problem,” he wrote.

He told Claude that the boy would stay in Auckland with his mother and attend school there until the case was finally decided; and that he would spend school holidays with his father overseas.

His instructions to Claude included that the teenager contact his father on video calls twice a week, and that he try to complete his homework while abroad.

“I think Leanne will be able to explain everything to you. However, if you wanted to write to me, or if you wanted Leanne to write to me, that would be fine,” Justice Becroft wrote.

“Can I say Claude it was very nice to meet you. I enjoyed meeting you. Like you, I hope the Warriors do a lot better in the next couple of weeks. And I agree that try by Leka Halasima was 10/10. As I said to you, I thought it was 11/10.

“Sport is important. You keep up your involvement in sport. That will give you a good basis to do well in life. I am glad you enjoy it. Maybe one day I will sit in my lounge and watch Claude [surname redacted] play for the Warriors. That would make me and all of us very, very happy and proud of you.

“I wish you well for the future.”

Read the full decision here.