Judge of the Week: Mrs Justice Black

Mrs Justice Black made legal history in March this year when she allowed the wishes and feelings of two siblings to be given tangible weight in a case relating to relocation and contact, the youngest of which was a five year old girl.

Sir Mark Potter has himself hinted at allowing evidence of this nature to be seminal in deciding such issues and even considered the age of seven to be appropriate in relation to children attending court to give their evidence, with conventional thinking in progressive circles citing the age of nine as the starting point for court attendance.

Although there is no indication that the five year old girl gave her evidence in court (the suggestion is that it was presented via social workers who held interviews with the sibling), the weight given to this evidence is a first in English Family Law on matters of welfare and as it is a fairly controversial approach, the Court of Appeal led by Lord Justices Wilson and Sedley, who later heard an appeal on the matter, will give reasons for their decision backing Mrs Justice Black's Order.

It may or may not be significant that the cutting edge decision to allow such weight to be attached to this evidence was authorised by a woman yet the messages which are beginning to flow from our family justice system highlight the evolution of the legal process's understanding of the importance of looking at all the evidence available and not underestimating as a first port of call, the evidence of young children, whether verbal or otherwise.

For acknowledging the significance of such evidence and for giving children a voice, my family law judge of the week is Mrs Justice Black.