Letters - Child custody cases complicated

CHILD custody cases are incredibly complicated to evaluate. Yet it appears that the Federal Court judges handed out a decision based on interviews with the children in the Deepa vs Izwan case. The panel reasoned that the son had expressed his wish to stay with his father, and the daughter with her mother.
Unless we know how the children were questioned and in what ways they expressed their preferences, the ruling raises questions. Were the judges trained in interviewing children? Did they have any knowledge about the psychological factors that may affect a child's preference?
We do not know if the judges made their decision after weighing the many aspects of the best interests of a child. A child's preference and religion of the parent are only two of many factors that affect the best interests of the child. Continuity and stability are crucial factors in positive child development, as are parenting ability, sibling relationships and special needs of the child.
S. Deepa had been granted full custody of both children in the High Court, yet the Federal Court decided to split custody. Did the children express their preferences differently than in the civil court? If the children had "changed" their preferences, then we should investigate why. It may be that the children had been "talked to" by their parents or other family members, causing undue influence on their ability to express their wishes.
Dr Teoh Yee San
Assistant professor of psychology and law
National Taiwan University