A TWELVE-YEAR-OLD boy at the centre of a transatlantic “tug-of-love” battle is to be given the chance to tell judges whether he wants to be reunited with his elder brother who lives on a different continent.

The youngster, who lives in the Darlington area, will choose between which of his divorced parents he wants to live with.

The boys, who cannot be identified for legal reasons, are at the centre of an Appeal Court case in London.

Three judges hearing the case have adjourned making a decision so they can consider the “wishes, feelings and best interests” of the younger brother.

The pair were separated following family proceedings at Middlesbrough County Court late last year, when a judge gave permission for the boys to live abroad with their father.

However, when their mother appealed the decision in relation to the younger son, only the 16-year-old went to live overseas.

Both boys wrote a letter to the judge, saying they wanted to live with their father.

The younger boy wrote: “I think I should have the same right to choose as everyone else. Just because I am 12 does not mean I can’t think for myself.”

His mother’s lawyers have said the youngster has distanced himself from comments he made in the letter and was doing well at school.

They said the family court judge was wrong to treat the brothers as a unit and said he did not take account of the fact they would be removed from their primary carer – their mother – and had no connection with their prospective new home.

In response, lawyers acting for the father said the boys had asked to be placed together because they did not wish to be separated and had visited family in their father’s country during holidays.

They added that the father felt it was important the boys maintained a good relationship with their mother.

Sir Mark Potter, sitting with Lord Justice Lloyd and Lord Justice Patten, said he felt unable to make a decision without knowing how the younger boy felt about the situation.

He said: “If he is settled and has accepted his brother going, that is one thing, but if he is missing him badly and is upset that he is gone, then that is a different matter.”

The case has been adjourned so that a children’s advocate can prepare a report on the younger boy’s wishes and feelings.

Once that report is complete, the judges will make a decision.

The case is similar to one that took place in October last year when a 13-year-old Middlesbrough girl told judges not to send her back to her father in North America.

The girl had been “abducted” by her mother from North America in violation of international law.

But when judges heard the 13-year-old’s wishes they overturned a High Court order for the girl to be returned to North America.