and its ability to form an autonomous will must be taken into account. This ability is assumed to be present from around the age of 12. According to Article 314a Paragraph 1 of the Civil Code, the child must be personally and appropriately heard by the court or a designated third party, unless the child’s age or other valid reasons dictate otherwise. The child’s participation in the hearing is rooted in their fundamental rights and serves the purpose of establishing the facts of the case. In situations involving older children, the focus is on safeguarding their individual rights, granting them the right to participate in the proceedings. For younger children, the hearing primarily serves as a means of evidence, allowing the judge to form a personal perspective and gather additional information to understand the situation accurately. Therefore, parents, as parties involved in the proceedings, may request the child’s hearing, but it typically occurs automatically, regardless of the parties’ submissions. determining the most suitable custody arrangement in the best interests of the child. Shared custody should only be disregarded if the relationship between the parents, concerning the well-being of their other children, is so hostile that it leads to the reasonable belief that joint custody would subject the child to a significant conflict between the parents, clearly contrary to the child’s best interests. Could you explain the role of the child’s preferences in custody decisions? At what age do their opinions typically carry weight in court? The will of the child is one of several criteria when deciding on personal contact and custody. When considering the will of the child, the age of the child THOUGHT LEADER 69 The paramount concern is to ensure the child’s continuous growth and development within a supportive and affectionate environment.
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