THE wishes of a North-East child at the heart of a transatlantic tug-of-love battle may not necessarily be heeded when a court decides which parent he is to live with, a leading family lawyer has said.

Yesterday, The Northern Echo reported how judges had adjourned appeal court hearings to hear the “wishes and feelings” of the 12-year-old boy.

The boy is having to choose which of his parents he wants to live with.

His father lives on a different continent with the boy’s 16-yearold brother.

He was initially granted custody of his two sons after a hearing at Middlesbrough County Court last year.

However, when their mother appealed the verdict, the younger son remained with his mother in the Darlington area, while his older brother went to live with their father.

The appeal court judges have asked a children’s advocate to prepare a report on what the younger boy wants.

Val Wormald, a family lawyer with Carr and Co, based in Gosforth, Newcastle, said that they could still go against what he wants if the court feels it is in his best interests.

Ms Wormald, originally from Darlington, said the child’s age was an important factor in deciding whether a “wishes and feelings report” would be made.

She said: “It’s felt that, if possible, children shouldn’t be asked to make a decision, so the court has to decide whether a wishes and feeling report is made.

“Cafcass (the Children and Family Court Advisory and Support Service) make arrangements to see the child to try and see what the child’s wishes are.

“The problem with a 12-yearold is he can be a very astute 12- year-old or not, so the court can swing a bit.”