Children's voices in chilean family courts La voz de los niños en la justicia de familia de Chile

Abstract

The right of the children to be heard and to have their opinion considered properly constitutes a legal mandate that forces family judges to gather their desires and feelings in a wide range of matters. Nevertheless, neither the Convention of Children's Rights nor Chilean national legislation establishes how to put in practice this right: Who should listen to them? From what age forward? In what type of matters? With or without the presence of their parents or other significant adults? These are some of the questions that arise from this subject. This work aims to present the results of an empirical study that investigated the forms in which the family judicature recovers the voice of the children, as well as the difficulties and challenges of the practical application of this right.