In a rare move, an NZ judge has written directly to a teenager involved in a protracted custody dispute, sharing personal insights from his own adolescence while explaining his reasoning in the case.
A New Zealand High Court judge broke with tradition by writing directly to a 14-year-old boy involved in a custody dispute, using a personal letter to explain the reasoning behind his decision.
Rather than issuing a formal court judgment, Justice Andrew Becroft chose to communicate with the teenager personally, responding to the boy’s previous experiences and difficulties within the court system.
According to the letter, the boy’s case first came before the court in November last year, when a Family Court judge ruled that he would live overseas with his father, believing this aligned with his wishes at the time.
However, as the date approached for him to leave the country, the letter revealed that the 14-year-old had changed his mind – refusing to get into his mother’s car on the way to the airport and even running away from home for a period.
In February this year, a second Family Court judge again ordered that the boy live with his father, including provisions to enforce the move if necessary.
The letter recounts that upon learning this, the teenager became upset and hit a wall, prompting the previous presiding judge to leave the room quickly.
Ahead of last month’s hearing, the teenager requested a personal meeting with Justice Becroft. The judge noted how highly unusual the request was, sharing in the letter that “this does not happen often in the High Court.”
However, Justice Becroft emphasised the importance of hearing the boy’s views, telling him, “Your views are important” and “that is what the law says”.
During a 45-minute session attended by a court registrar and the teenager’s lawyer, the High Court judge shared how the boy made it clear he did not wish to move overseas, preferring to stay at school with friends and continue playing rugby.
The letter, addressed directly to the teenager, was written in plain, accessible language and included lighter personal reflections from the judge’s own childhood.
“You like PE. You do not like maths. (And as I said, neither did I at your age.),” Justice Becroft said.
Justice Becroft also stressed within the letter and made it clear to the 14-year-old boy that he didn’t have the job or burden of resolving the dispute, telling him, “I said you were caught up in the middle. It is not your problem.”
After explaining the decisions made during the appeal – which allowed the boy to remain in New Zealand while visiting his father overseas during holidays – Justice Becroft concluded the letter on a warm, personal note, reflecting on their shared interest in rugby and the New Zealand Warriors.
“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 the try by Leka Halasima was a 10/10. As I said to you, I thought it was 11/10,” Justice Becroft said.
