Divorce, separation: can a minor child be heard by the judge?

Verified 24 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You're a minor and your parents split up? You can ask to be interviewed by the judge.

You are parents in the process of separation and you feel that your child should give his opinion? You can ask that he be heard by the judge.

Hearing is not automatic. We explain the conditions under which it may be granted.

Hearing allows the child to give his opinion where the court is required to rule on the following matters:

  • Residence of the child
  • Rights of access and accommodation of the non-custodial parent
  • Exercise of parental authority.

The child may say, for example, that he prefers to live with a particular parent because he feels better at home, that he prefers to stay with his siblings, etc.

FYI  

regardless of age, the child doesn't decide. He gives his opinion.

The child can be heard only when his parents brought legal proceedings against him.

It can be a divorce proceedings or proceedings relating to custody or parental authority (before the family judge).

The law does not fix not the age at which a child can be heard. The minor must be discernable.

It is up to the judge to determine, on a case-by-case basis, based on the child's age, maturity and level of understanding, whether he is capable of discernment. The child's personal ability to appreciate situations and his or her ability to express a considered opinion are evidence of this discernment.

The request for a hearing may be made by the parents (either or both). It may also be presented by the child himself.

Even in the absence of an application, the judge may take the initiative to interview the child.

Warning  

The Minor shall be informed by the persons having parental authority (his parents) the right to be heard. The family judge must verify that the minor has been informed of his or her right.

The request for a hearing may be made to the Family Court Judge at any point in the procedure.

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Child's request

The demand must be made by the child himself on free paper. The child's written material must then be forwarded to the Family Court Judge.

Who shall I contact

If the proceedings concern the child, the judge duty to proceed to the hearing. He can refuse hearing only if the child does not have the necessary discernment.

If the judge does not grant the hearing, he must inform the minor child and explain in his decision the reasons for the refusal.

A refusal to hear a person shall not be subject to appeal.

Request by parents

Parent must address a written request the family court judge.

The judge may refuse the application in the following cases:

  • The child doesn't have the necessary discernment
  • The procedure does not concern the child
  • The hearing is not necessary for the resolution of the dispute
  • The hearing appears contrary to the interests of the child

If the judge does not grant the hearing, he informs the parents and explains in his decision the reasons for his refusal.

The refusal of a hearing may be contested only after the decision on the parents' applications (custody, access rights, parental authority) has been appealed.

Where the minor refuses to be heard, the judge must examine the legitimacy of the refusal.

FYI  

The hearing may be ordered by the Family Court Judge without a request from the parents or the child.

The child is summoned by simple letter. Parents or their lawyers are also informed that a hearing will take place.

In his summons, the child shall be informed that it can be heard alone, with a lawyer or with a person of his choice. If the choice of such person does not appear to be in the minor's best interests, the judge may appoint another person.

Warning  

if the minor writes that he or she wants to be assisted by a lawyer and has not already chosen one, the judge shall request the appointment of a lawyer to assist him or her.

The minor who has chosen to be heard with a lawyer automatically benefits from legal aid.

The hearing is taking place in court.

The judge hears the child himself or means a person to conduct the hearing. This is a person who is active in the social, psychological or medico-psychological field.

The lawyer assists the child during his hearing.

The lawyer's role is to explain to the child the course of the hearing and to help him express his feelings.

The hearing of the child shall be subject to report drawn up in the interests of the child. It is not necessarily a word-for-word transcription of the child's words.

This report shall be brought to the attention of the parents according to rules defined by the judge.

The judge makes a decision that the child has been heard.

The judge is not obliged to follow the advice given by the child.

Please note

the child cannot challenge the decision made between his or her parents because he or she is not part to the procedure.

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