A divorce is a significant event for the entire family. Especially when parents cannot agree on the custody arrangement for their child, the family court must decide.
Belgian law stipulates that the family court invite minors aged 12 and older to be heard. Children younger than 12 are not automatically informed of this possibility. Still, they can request to be heard independently or at the request of the parties, the public prosecutor, or the court itself.
Minors are often vulnerable and require a different approach in legal proceedings. This blog post will discuss the right to be heard for minors, why it is essential, and how it is applied in practice.
What is the right to be heard?
The right to be heard means that a person has the right to express their views before a decision that affects their life. This means minors should have the opportunity to give their opinion in matters that concern them, for example, when their parents are separating.
The UN Convention on the Rights of the Child explicitly states that children should be able to express their views in situations that affect them. However, this does not mean children are invited to be heard in all cases. For instance, children are not invited to be heard in cases of divorce by mutual consent, when the case is referred to the mediation chamber, or if the parents reach an agreement regarding custody arrangements.
However, suppose the parents cannot reach a consensus. In that case, the law states that the family judge must invite minors aged 12 and older for a discussion when a decision needs to be made about parental authority, custody arrangements, or visitation rights. Children younger than 12 can also be invited if they or their parents wish, at the public prosecutor’s request, or if the family judge deems it appropriate.
Why Is the right to be heard important for minors?
Hearing minors provides judges and other involved parties with insight into the child’s situation and, by extension, the family’s. This can be useful when the court must make a decision that serves the child’s best interests.
However, scientific research shows that children often do not fully understand how this right is organized, what they can expect, and what the impact of their conversation with the family judge will be. As a result, children often look back negatively on the experience, which can lead to uncertainty.
How Is the minor informed about their right to be heard?
An invitation for a minor to be heard must be carefully written to be understandable and accessible to the child.
To address the concerns of minors, a new model information form was published in the Belgian Official Gazette by Royal Decree. The invitation for young people is now written in clearer and more accessible language. This is an essential guideline for the court, ensuring a more child-friendly approach.
The invitation for a conversation with the family court now includes additional information for children, helping them better understand what to expect.
For example, it explains the purpose of the conversation, the fact that they can bring a trusted person with them, and how the conversation will unfold. The goal is for young people to feel that they can effectively have their voices heard in court.
Do you have additional questions about when your child will be invited to be heard and how this process works? Please do not hesitate to contact us for further information.
