Escucha de menores de edad en temas de tenencia en el ámbito judicial.

Abstract

This essay analyzes the hearing of minors in custody proceedings in light of the principle of the best interests of the child. It explores the legal and doctrinal framework that recognizes children and adolescents as rights-holders, highlighting the importance of their participation in custody matters. Furthermore, it considers factors such as the minor’s age and maturity, technical resources, and the practical difficulties encountered in the judicial system when seeking to effectively hear the child or adolescent. The analysis in this essay reveals that, although the legal system recognizes the need to hear the minor, limitations persist in practice due to the lack of clear criteria and protocols for doing so. In this context, the essay emphasizes the need to strengthen the performance of justice practitioners with tools that allow for an adequate assessment of the child’s opinion in accordance with their individual context. Consequently, listening to children is a fundamental guarantee for making fairer decisions, oriented toward their well-being and the respect for their rights.