Child Law Experts Criticize Court’s Deference to Child’s Right to Choose

Experts in child law were surprised, and in some cases dismayed, by a federal court order in the Elian Gonzalez case that chided U.S. immigration officials for not giving more weight to the 6-year-old boy’s own wishes.

In most child custody disputes, asylum cases and other legal proceedings, an adult guardian would speak for a child of that age, lawyers said.

“It’s unheard of--a 6-year-old being able to exercise judgment on such an important decision in his life,” said Sue Burrell, a lawyer with the Youth Law Center in San Francisco. “The whole idea of asking a 6-year-old what should be done is absolutely ridiculous.”

John O’Toole, director of the National Center for Youth Law in Oakland, said he was surprised by the ruling. “A decision about whether to apply for political asylum is not normally left to a 6-year-old,” he said.

Scott Altman, a professor of family law at the University of Southern California Law School, said most judges hearing family-related cases are interested in the preferences of 10- or 12-year-olds, but view younger children differently.