In practice! this means that even a three-year-old child has the right to be heard. But how to do it correctly?
According to the practice of the Supreme Court of Ukraine! a conversation with a child should be conducted by a qualified psychologist. He is the one who is able to determine the true wishes of the child! taking into account his emotional state and possible influence from the parents. In many European countries! for example! in the Netherlands or Germany! the participation International practice: of child psychologists in such cases is mandatory. And I believe that this is the right approach.
Different countries have their own peculiarities in determining the best interests of the child
For example! in Sweden! courts actively involve social fax lists protection agencies! which conduct an independent assessment of the child’s living conditions. In France! if the parents cannot agree! the court may order joint residence: the child lives with each parent for a certain period of time! and then! taking into International practice: account the child’s emotional state! a final decision is made.
Another interesting example is the practice of the United States. There! when resolving disputes! even the “ecology” of the place of residence is taken into account: the presence of schools! kindergartens! parks! and other important infrastructure facilities.
Additional aspects: place of residence of the child if one of the parents is abroad
When considering cases regarding the determination marketing online et offline of a child’s place of residence! the situation becomes more complicated when one of the parents is abroad. In such cases! the lawyer and the court have to take into account many nuances! including the impact of separation from one of the parents! the legal status of the child abroad! and the possibility of ensuring the child’s proper upbringing and development in the new conditions.
Difficulties in handling cases with an international element
When one of the parents lives abroad! the court faces the following difficulties:
Communication of the child with the father/mother at a distance. The child has the right to maintain relations with both parents. In the event that one of them is abroad! the question arises as to how this right will be implemented: through video communication! regular trips or other mechanisms. For example! the decisions of the European Court of Human aol email list Rights (for example! “Shilkovych v. Ukraine”) emphasize that parents must provide conditions for the child to communicate with the other parent! even if this is complicated by distance.