The child’s hearing in amicable
The amicable hearing of the child allows the child to be heard by a trained, neutral and independent hearing officer. Based on the United Nations Convention on the Rights of the Child and General Comments Nos. 12 and 14 of the United Nations Committee on the Rights of the Child, it forms part of a movement firmly committed to ensuring that the child’s views are taken into account in all decisions affecting them.
Questions clients often ask
From what age can a child be heard? Will what they say be reported to the other parent? How does the hearing actually take place? Who is the hearing officer? How does this differ from a hearing before a judge? What weight will the outcome carry?
What is the child’s hearing in amicable?
An amicable hearing for the child may take place in a wide variety of contexts:
- parental separation;
- the drafting or revision of parenting arrangements;
- non-contentious family decisions (organisation of daily life, educational choices, moving house, schooling);
- out-of-court, school-based or institutional agreements and processes concerning the child.
The firm provides support in several ways: referring families to a trained listener, supporting parents in preparing for and following up on the hearing, and explaining to the child the purpose and scope of the process.
The amicable hearing is based on three principles: the child’s autonomy (the child is not required to choose between their parents), the confidentiality of discussions (the listener reports back, with the child’s consent, only what may be disclosed) and the listener’s independence from the parents, their advisers and any court. The firm adheres to these principles and ensures that the conditions for the hearing — selection of the listener, prior information for the parents and the child, and coordination with any ongoing proceedings — are met before the child is approached.