The boy had applied for permission to live with his father in a Scandinavian country, which his mother and step-father opposed. The application was later taken over by his dad.
Justice Jackson said he felt the teenager had brought the case to the High Court “as a way of showing your dad how much you love him”.
He told the boy he was “doing well in life” and did not believe that the move abroad would be best for him.
Dear Sam…
Normally judges’ rulings begin with an outline of the case before going on to outline relevant law, assess evidence and give judgment.
But Justice Jackson started his ruling with the words “Dear Sam”. The letter 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.
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 wrong with that either.
What is of concern to me is … I see your mother and
The judge added: “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 – 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.
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.
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.
Justice Was Done
The judge said the evidence demonstrated Sam was doing well in life in England and that he “should make the most of the many opportunities that life here has to offer you”.
He went on: “If, when you finish your A-levels, you want to move to Scandinavia, you will be 18 and an adult – it will be up to you.”
The Judge said: “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 saying: “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.
“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.”
How Can We Help You?
We specialize in the area of family law. We provide a tailored service suitable in your particular circumstances:
- We advise as to your rights and obligations actual and potential.
- We assist you in selecting and negotiating the best legal solution in your financial circumstances.
- We help you formalise the agreement and make it legally binding and enforceable.
