The principle of hearing the child translates into the realization of their right to speak and express their will. It is their right to participate actively in processes that concern them, viewing the child as a rights holder, and it emerges as the realization of the principle of the child’s best interest.
The law stipulates that “the child, with the capacity to understand the matters being discussed, considering their age and maturity, is always heard about decisions that concern them, preferably with the support of technical assistance to the court.”
For this, the child should always be heard when their maturity and age allow it, and it can be affirmed that there is a legal obligation for their hearing from at least 12 years of age.
The law also imposes special care on the part of the judge when hearing the child, determining that adequate conditions for this purpose should always be ensured, namely:
a) The child should not be subjected to intimidating, hostile, or unsuitable spaces or environments for their age, maturity, and personal characteristics;
b) The involvement of judicial operators with appropriate training;
c) The language used should respect the child's ability to understand the matters at hand, their age, maturity level, and personal characteristics;
d) Advising against the use of professional attire;
e) The hearing should be conducted in a location that makes the child as comfortable as possible, avoiding environments that may intimidate the child.
During the course of a divorce process, the child may be heard regarding the establishment of parental responsibility arrangements.
If the parents fail to reach an agreement on this matter, it is up to the court to decide, at the request of either party and after an attempt at reconciliation, considering the child’s statements, in determining their best interest.
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