Is the Child’s Opinion Taken Into Account in Parental Care Cases?

In family law disputes concerning parental care and custody, the opinion and wishes of the child constitute a crucial factor evaluated by the Family Court. Considering the minor’s views ensures that every court decision is made with the child’s best interests as the primary focus.
What Does the Law Provide Regarding the Minor’s View?
According to the Parent and Child Relations Law (Law 216/1990):
“Depending on the maturity of the child and to the extent that they can comprehend, their opinion must be sought and taken into account before any decision regarding parental care, provided the decision affects their interests.”
The age and emotional maturity of the child determine the extent to which their views will influence the Judge’s final ruling. It is worth noting that a Family Court Judge possesses specialized knowledge in child psychology, which enables them to approach the child with the necessary sensitivity and correctly evaluate their behavior.
When is the Child’s Opinion Sought and the Psychological Impact
Directly involving a minor in court proceedings is not routine practice. The personal opinion of the child is sought by the Judge primarily in very serious cases and high-conflict disputes, where available evidence is insufficient or serious contestations exist.
Protecting the Minor’s Psychology: The Court always weighs the risk of adversely affecting the child’s mental health. Subjecting a minor to a process where they must discuss sensitive family matters with an unfamiliar person (such as the Judge) can cause anxiety and emotional distress. For this reason, the decision to conduct an interview is made with extreme caution and restraint.
How Are the Child’s Wishes Communicated to the Court?
The minor’s views can be conveyed and legally evaluated through two main channels:
1. Social Welfare Officers’ Report: This is the most common and least disruptive method, as the child’s wishes are recorded through a specialized evaluation and observation conducted by welfare officers in their natural environment.
2. Interview with the Judge: When deemed strictly necessary, the Judge may conduct a private conversation with the child.
The Judicial Interview Process:
• The testimony of children is declarative of their opinion and is not directed against either parent.
• Formal minutes are kept during the interview.
• The Judge may either make the minutes available to the involved parties (granting them the right to be heard) or disclose only the final outcome of the discussion to protect the minor’s privacy and emotional well-being. In fact, there are cases where the minors themselves request that the minutes of the conversation not be disclosed to their parents, and the Judge, fully respecting their wishes, maintains strict confidentiality.
How Much Weight Does the Court Give to the Child’s Opinion?
It is at the discretion of the Family Court to evaluate the minor’s opinion as a whole. For the Court to accept the child’s testimony and assign substantial weight to it, it must necessarily conclude that the expressed views are the product of free judgment and genuine will.
The Judge determines whether to attribute weight to the child’s wishes, taking into account:
• Their level of emotional and intellectual maturity.
• The possibility that the child may harbor a bias for or against one parent, or may have been subject to influence (coaching) by either parent.
Summary & Legal Support
Hearing a minor in parental care and custody cases is a highly delicate procedure where protecting the child’s psychological health remains paramount. If you are facing family law disputes or custody issues, specialized legal guidance is essential to handling your case appropriately.