SHORT ANSWER
A child capable of forming views should be able to freely express those views on matters that concern the child. The Convention on the Rights of the Child provides that weight be given to these views in accordance with age and maturity.
Why is the child’s view important?
Hearing the child is about ensuring the child’s participation in a process that directly affects the child. Article 12 of the Convention regulates this right; it also covers the opportunity to be heard in relevant judicial and administrative proceedings.
How are age and maturity assessed?
The Convention links the weight of the view to age and maturity. For this reason, it is not appropriate to reach the same conclusion in every file by looking at age alone as a number.
Expressing a view is not the same as making a decision
The child’s expressing an opinion does not mean that responsibility for determining the outcome of the dispute is left to the child.
What position do the child’s best interests hold?
Under Article 3 of the Convention, the best interests of the child are given primary consideration in actions concerning children. The child’s view is assessed within this framework.
Which information should be examined in a specific case?
For a file-specific assessment, existing decisions, information and documents showing the child’s living conditions, and reports prepared during the process should be examined together. This sample explanation does not replace a legal opinion on a particular file.