Children’s Wishes and Feelings Persuasive – But Not Always Decisive

Children’s Wishes and Feelings Persuasive – But Not Always Decisive Although children lack legal capacity to make important decisions, their wishes and feelings are increasingly taken into account by family courts. However, in one case, a teenage girl’s desire to leave care and return home to her mother could not be fulfilled by a judge due to continuing concerns about her emotional welfare. The girl, who was nearly 15, had been taken from her mother’s care largely due to the latter’s aggressive and confrontational behaviour. She had consistently failed to recognise or meet her daughter’s emotional needs or to cooperate with social workers. As a result, the girl had been…