The voice of the child
in an international child abduction case
In different countries, the courts have different ways to hear and weigh the wishes of the child. The way in which the child is heard or the age at which the child is allowed to express his opinion differs per country.
On this page our experts explain how in their country children can express their opinion in procedures concerning international child abduction.
Spain
Adriana de Ruiter
In the Spanish legal system, the guardian ad litem is not used in abduction cases nor in any other family conflicts, as parental responsibility orders. This doesn’t mean the child is not protected nor defended at Court. In all cases in which children are involved, the Public Prosecutor will defend the interests of the child, regardless the age of the children. …. READ MORE
Spain
Adriana de Ruiter
In the Spanish legal system, the guardian ad litem is not used in abduction cases nor in any other family conflicts, as parental responsibility orders. This doesn’t mean the child is not protected nor defended at Court. In all cases in which children are involved, the Public Prosecutor will defend the interests of the child, regardless the age of the children. …. READ MORE
Turkey
Mert Yalçin
In Turkish legal system, the guardian ad litem is applicable in some of the cases, especially if the child is a party of the case held before Turkish Courts and these specific cases are generally determined in the Turkish Civil Code numbered 4721. According to Article 426/2 of Turkish Civil Code, the guardian can be appointed if the interests of the legal representative and the interests of the minor or the restricted person conflict. …. READ MORE
