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Hi, thank you for your question. A judge will likely agree to speak with the child if the matter is heavily contested, however her wishes and feelings will not be the deciding or paramount factor when the judge makes a decision as, at 6 years old, she is too young for it to be the deciding factor.
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My name is ***** ***** I have been a solicitor for more than 30 years.
It is unlikely in the extreme that a Judge would wish to see a six year old on a matter such as this.
There is an increasing possibility that an older child (say above 12 - potentially even over 10) might see the Judge , but since the understanding of abstract concepts and long term consequences does not develop until the age of 9 no six year old would ever be asked directly who they wished to live with (and indeed it would be abusive to do so)
If the Court required a report on the "wishes and feelings" of the child then it would be carried out by either a CAFCASS officer or Social Services who use a range of methods to ascertain not only what the wishes are - but also how realistic they are
Please ask if you need further details
Ah I see
As i said it is the job of CAFCASS to ascertain the "wishes and feelings" of the child and they use a range of methods to ascertain not only what the wishes are - but also how realistic they are.
With regard to the fact that the other parent is clearly discussing matters with the child all you can do is report the matter to the court at the final hearing