The Child's Hearing: A Crucial Moment
Facing separation or divorce proceedings is complex, but when a judge orders your child to be heard, anxiety and worry can become overwhelming. It's a natural reaction: every parent wants to protect their child from any potential stress. The protected hearing of the minor, however, is a fundamental legal tool to give voice to their needs and perceptions in a protected context. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in this phase with the primary goal of ensuring the child's psychophysical well-being, transforming a legal obligation into an opportunity to bring out their best interests.
What is a Protected Hearing and How Does It Work
The hearing of the minor, primarily governed by Article 336-bis of the Civil Code, is the act through which the judge directly hears the child involved in proceedings concerning them, such as custody in cases of separation, divorce, or dissolution of cohabitation. The hearing is mandatory for minors who have reached the age of twelve and also for those younger if deemed capable of discernment. The term 'protected' emphasizes that the hearing does not take place in a cold courtroom, but in an informal and reassuring environment, often with the assistance of a child psychology expert. The aim is not to interrogate the child like a witness or force them to choose between parents, but to understand their desires, fears, and their view of the family situation.
Who Participates and What is the Role of Parents
To avoid conditioning, parents and their respective lawyers are usually not present in the room during the interview. They can observe through a one-way mirror or a video conferencing system and have the right to propose topics and questions to the judge to ask the minor. This method ensures that the child feels free to express themselves without the pressure of parental scrutiny. The role of parents, before the hearing, is crucial: they must prepare the child with calmness, explaining in a simple and honest way what will happen, without influencing their answers. It is essential to convey the message that there are no right or wrong answers, only their feelings.
The Bianucci Law Firm's Approach to Child Protection
The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, goes beyond simple legal assistance. The absolute priority is to create a 'bridge' between the procedural needs and the child's well-being, ensuring that their voice is heard in the most respectful and constructive way possible. The firm's strategy is based on meticulous preparation that directly involves parents, providing them with clear guidance on how to communicate with their child in view of the meeting with the judge. Behaviors to adopt and, above all, those to avoid, such as trying to influence the child or burden them with expectations, are analyzed. If the case requires it, Avv. Bianucci collaborates with psychologists and child neuropsychiatrists to support the family in the most comprehensive way.
Frequently Asked Questions
What should I tell my child before the court hearing?
It is essential to be honest, calm, and reassuring. Explain in simple terms that a kind person (the judge) wants to talk to them to understand how they feel and what they want. Emphasize that they don't need to worry about giving the 'right' answer and that they won't disappoint anyone, whatever they say. Reassure them that Mom and Dad will always love them and that it's not their fault that they are separating. Absolutely avoid suggesting what to say or speaking ill of the other parent.
Can the child's hearing influence the custody decision?
Yes, the child's words are a very important element that the judge takes into serious consideration. However, they are not the only factor. The judge will evaluate the child's wishes in light of their best interests, also taking into account other elements such as their age, their level of maturity, the parental capacity of both parents, and the stability that each can offer them. The final decision aims to ensure the overall well-being of the child.
Who participates in the protected hearing of a minor?
As a rule, only the judge, the minor, and, very often, an expert assistant such as a psychologist or a child neuropsychiatrist are present at the hearing. As already mentioned, parents and their lawyers do not participate directly in the interview so as not to disturb or influence the child, but they can observe from another room and interact with the judge to submit any topics for further discussion.
Can my child refuse to be heard by the judge?
The hearing is a right of the minor, but it must never become a forced situation. If a child expresses a clear and unequivocal refusal, the judge will take note of it and try to understand the reasons, perhaps with the help of the expert. They will not be forced to speak against their will. The protection of their psychological balance remains the priority, and a forced hearing would be counterproductive and harmful.
Legal Advice for Child Hearings in Milan
Managing a child's hearing is one of the most delicate challenges in family law. Relying on a professional who can balance procedural needs with human sensitivity is essential to protect those you love most. If you have to face this situation and are looking for a family lawyer in Milan who prioritizes your child's protection, contact the Bianucci Law Firm. Avv. Marco Bianucci is available to analyze your case and define the most appropriate strategy, with the utmost care and confidentiality. The firm is located at Via Alberto da Giussano, 26.