Child hearing

from Wikipedia, the free encyclopedia

Child's hearing is the personal interview with the child or youth in all proceedings concerning. According to international and national standards, a child or young person has a right to a child hearing. A child is legally defined as a person who has not yet reached the age of 14.

Legal basis

The international legal framework for hearing children is provided
by Article 12 (1) of the UN Convention on the Rights of the Child in order to take account of the child's will:

1. States Parties shall guarantee the child, who is capable of forming his own opinion, the right to express that opinion freely on all matters affecting the child and shall take into account the opinion of the child appropriately and in accordance with his age and maturity .

In Germany, § 159 FamFG and Art. 103 Art. 103 Basic Law regulate the hearing of children in family law . It should be emphasized that the child must always be heard when they have reached the age of 14 and the legal proceedings concern parental custody as a whole or (partially) personal custody .

Goal of hearing the child

When it comes to questions of concern and behavior , it must always be assumed that the child's personal ties , relationships and inclinations towards his caregivers as well as his wishes and will are important criteria for the decision. The child's right to make this known to the court must always be taken into account.

Working method

“The range of variations in children's reactions in the context of child hearings is very large, since the experience depends on the level of development, age and a large number of individual and situation-related factors.” The aim is to determine the child's will: “On the one hand, it can be used to identify which person the child has the strongest ties. On the other hand, it serves the child's self-determination. The older the child is, the more the second function comes to the fore ”.

The child hearing is to be oriented towards the child’s reality and the respective individual objectives.

See also

literature

  • Martine Delfos: "Tell me ...". Conversation with children between 4 and 12 years . Betz publishing house. Weinheim and Basel. 2004.
  • Michael Karle, Sandra Gathmann, Gunther Klosinski: Legal factual investigation into the practice of hearing children according to § 50b FGG . Bundesanzeiger Verlag. Cologne. 2010.
  • Maria Teresa Diez Grieser, Heidi Simoni: Listening to children - the right to express one's opinion and to be heard . In: Report of the Federal Commission for Children and Youth Issues EKKJ, pp. 33–45. 2011.
  • Manuela Stötzel, Prenzlow Reinhard: The child hearing in family court proceedings . In: Journal for Child Law and Youth Welfare 2011, Issue 1, pp. 200–204. 2011.
  • Andreas Hornung, Birgit Kaufhold: Child hearings in family law proceedings. Part 1: Legal requirements (Andreas Hornung), Part 2: Psychological and pedagogical child-friendly approach to the hearing (Birgit Kaufhold). In: early Childhood 2/13, pp. 36–43. 2013.
  • Andreas Hornung, Birgit Kaufhold: Child hearings in family law custody and access proceedings . Legal framework and child-friendly approach. (1.) Part: Andreas Hornung: Legal requirements (must, should and can regulations) - (2.) Part: Birgit Kaufhold: Psychological and pedagogical child-friendly approach to the hearing. In: Papa-Ya 1/2013, No. 22, pp. 22-26. 2013.

Web links

Individual evidence

  1. ^ Legal definition of child. Retrieved February 3, 2014 .
  2. ↑ Convention on the Rights of the Child (PDF) bmfsfj.de. Retrieved June 9, 2019.
  3. ↑ UN Convention on the Rights of the Child. (No longer available online.) Archived from the original on June 1, 2014 ; Retrieved February 3, 2014 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.national-coalition.de
  4. ↑ Manuela Stötzel, Reinhard Prenzlow: The child hearing in family court proceedings . In: Journal for Child Law and Youth Welfare 2011, Issue 1, pp. 200–204. 2011.
  5. ↑ BVerfG, 05.11.2980 = 1 BvR 349/80.
  6. ↑ E 55, 171 (179) = NJW 1981, 217 (218f.) = FamRZ 1981, p. 124 (126).
  7. ↑ Andreas Hornung, Birgit Kaufhold (2013): Child hearings in family law proceedings . Part 1: Legal requirements (Andreas Hornung), Part 2: Psychological and pedagogical child-friendly approach to the hearing (Birgit Kaufhold). In: early Childhood 2/13, pp. 36–43.
  8. ↑ FamRZ 2011, 796-802.