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The Court of Cassation reaffirms the right of an informed minor child to be heard in any proceedings concerning him, emphasizing the mandatory nature and the time of his hearing .
The right of an informed minor to be heard: a fundamental principle in legal proceedings:-
In a recent case involving the divorce proceedings of the child’s parents, the minor daughter expressed her desire to be heard by the judge regarding her future residence. The Court of Appeal rejected his request, deeming it late because it was made after the hearing of the pleadings. However, the Court of Cassation overturned this decision, emphasizing that the child has the right to request a hearing at any stage of the procedure.
At the request of the minor, the judge can only reject it if the child lacks discernment or if the case does not concern him directly. The hearing of the child is limited to questions relating to his personal situation and not to the divorce of his parents. The appreciation of the discernment of the child belongs to the judge.
Facilitating the participation of minors: obligations and considerations for parents and the judiciary: –
In addition, to facilitate the exercise of the minor’s right to be heard, the law requires parents with parental authority to inform the informed child of his right to be heard and assisted by a lawyer in any procedure. concerning him. This obligation to inform the child is underlined in the summons to the hearing.
It is crucial to recognize the importance of allowing minors to participate in legal proceedings that directly affect their lives. By giving them a voice and taking their views into account, the justice system recognizes their autonomy and ensures that their best interests are taken into account. The right to be heard gives minors the opportunity to express their wishes, concerns and opinions, contributing to more informed and fair decisions.
