The child’s capacity for discernment, as defined in Article 16 of the Civil Code, is not a prerequisite for the hearing. According to the guidelines of the Federal Court, a child can be heard once they reach the age of six. This age requirement is irrespective of the fact that formal logical thinking is generally believed to develop between the ages of eleven and thirteen, and the ability for differentiation and verbal abstraction typically matures around that time. Before reaching this age, the purpose of hearing the child is primarily to enable the judge to form a personal opinion and gain a comprehensive understanding of the child’s situation, aiding in establishing facts and making decisions. The choice of the person authorized to conduct the child’s hearing is generally at the discretion of the judge. However, it contradicts the legal rationale to delegate this responsibility systematically to a 70 LAWYER MONTHLY NOVEMBER 2023 If the judge is required to intervene multiple times within the same domestic dispute, or if the initial decision is appealed, the child is not necessarily required to be heard on each occasion.
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