Summary

With the adoption of the UN Convention on the Rights of the Child (CRC) in 1989, fundamental changes took place in how children are treated legally. The underlying idea of the CRC is to recognise children as subjects of rights, even though they do not have the same autonomy as adults. In order to ensure the child’s right to be present at the hearing of their case, it is necessary for the child to be involved in the proceedings. One of the fundamental values of the CRC is the right of all children to be heard and taken seriously (Article 12 of the CRC). The right of the child to be heard is realised through the principle of Article 3 of the CRC, according to which the best interests of the child shall be a primary consideration in all actions concerning children. This article provides an overview of the concept of the best interests of the child and the right of the child to be heard in civil proceedings, focusing on the regulation governing family cases dealt with in action-by-petition proceedings. This article provides a brief overview, based on scientific literature, of how to prepare for and conduct a hearing with a child in order to ensure the protection of the child’s rights and to properly ascertain the child’s interests. The article also discusses the problems associated with recording child interviews and repeat interviews, as well as possible solutions. Although the article deals with the hearing of a child from a judge’s perspective and provides guidelines and recommendations for this, the guidelines provided on the basis of scientific literature can also be applied by other specialists involved in the hearing of a child on other legal grounds.