When a separation or divorce process reaches the courts and there are minor children involved, one of the moments that most concerns parents is the judicial hearing of a minor. The idea that a judge may speak directly with their child often generates anxiety, doubts, and sometimes the temptation to prepare them in a way that may do more harm than good.
In this article, we explain how this process usually unfolds, what happens during the interview, what the judge may ask, and, above all, how parents can support their child in a healthy, calm way without influencing them.
If you are looking for the legal definition, you can read our legal dictionary entry on the examination of minors. Here, we focus on the practical experience: what parents and children can expect during this stage of family proceedings.
Contents
- Why does the judge order a judicial hearing of a minor?
- Who attends the judicial hearing of the minor?
- What might the judge ask the child?
- Does the child have to say who they want to live with?
- How much weight does the child’s opinion carry in the judgment?
- Should you prepare your child before the judicial hearing?
- Practical summary for parents
- What happens if the child refuses to speak?
- How does the judicial hearing affect the judgment?
- Frequently asked questions about the judicial hearing of a minor
- How we can help you at Zabalgo Abogados
- Legal sources and related resources
Why does the judge order a judicial hearing of a minor?
The judge may order the judicial hearing of a minor because children and adolescents have the right to be heard in matters that directly affect them.
This is not a test to determine who “wins” the case, nor is it intended to place the child in the position of choosing between their parents. The purpose is for the judge to gain first-hand insight into how the child is doing, how they are experiencing the family situation, and what they may need to better protect their stability and well-being.
In other words, the judge is not seeking a verdict from the child. The goal is to understand their reality.
Who attends the judicial hearing of the minor?
The hearing usually takes place in the judge’s office, in an environment designed to be as non-intimidating as possible for the child.
Typically, the judge and the Public Prosecutor are present, the latter acting to safeguard the child’s best interests. Parents and their lawyers do not attend the hearing, precisely so that the child can express themselves more freely without feeling observed or pressured.
In some cases, especially when the child is very young or when the family situation is complex, the court’s psychosocial team may be involved. This team is usually made up of professionals in psychology and social work.
What might the judge ask the child?
There is no fixed script. Each hearing depends on the child’s age, maturity, and the type of proceedings. However, during a child interview with a judge, it is common for the judge to explore issues such as:
- The child’s daily life at home, at school, and in their environment.
- Their relationship with each parent.
- How they are experiencing the separation or family conflict.
- Whether there is anything that worries them or that they would like to express.
- How they feel in general.
The judge does not usually conduct the interview as an interrogation. Nor should the child be made responsible for the final decision. The purpose of the hearing is to listen to the child, not to burden them with responsibilities that are not theirs.
Does the child have to say who they want to live with?
No. The child has the right to express their opinion, but they are not required to choose between their parents.
Many children fear “betraying” one of their parents if they speak openly with the judge. That is why it is important to convey a clear message: they are not deciding the outcome, they do not have to please anyone, and they will not harm either parent by expressing how they feel.
The child can speak freely, but they may also choose not to answer certain questions if they do not feel ready.
How much weight does the child’s opinion carry in the judgment?
The child’s opinion can be significant, especially when they have sufficient maturity to clearly express their situation and needs.
However, the judicial hearing alone does not determine the judgment. The judge will assess what the child expresses alongside other elements of the case: psychosocial reports, family circumstances, the availability of each parent, the child’s stability, school reports, and other evidence presented.
Moreover, if the judge perceives that the child has been influenced, pressured, or coached to say something specific, this may have the opposite effect of what was intended.
Should you prepare your child before the judicial hearing?
Yes, but preparing does not mean rehearsing answers. It means providing emotional support, calmly explaining what will happen, and preventing the child from feeling fear or responsibility.
What you can do
- Explain what will happen naturally. You can tell them they will speak briefly with the judge, who may ask some questions about their life, and that they do not have to say anything they do not want to.
- Reassure them that they do not have to choose. It is important to remind them that they are not deciding where to live or taking sides.
- Convey calmness. If a parent shows visible anxiety, the child may absorb that concern.
- Answer their questions honestly. If they ask what will happen afterward, you can explain that the judge will make a decision based on what is best for them.
What you should avoid
- Do not tell them what to say. Asking them to give specific answers, even with good intentions, may be seen as influencing them.
- Do not speak negatively about the other parent. Bringing one parent’s narrative into the hearing can create tension, guilt, or confusion for the child.
- Do not give unnecessary details about the proceedings. They do not need to know the full legal dispute.
- Do not ask them afterward what they said. The hearing should be a safe space for the child. They do not need to report back to either parent.
Practical summary for parents
| Frequently asked question | Short answer |
|---|---|
| Can parents attend? | No. The hearing takes place without the parents. |
| Does the child have to choose where to live? | No. The child can express how they feel, but does not decide the outcome. |
| Is the child required to speak? | No. If they do not want to speak, the judge will consider this along with other circumstances. |
| Can it influence the judgment? | Yes, especially if the child has sufficient maturity, but it is not the only factor considered. |
What happens if the child refuses to speak?
This can happen, and the judge understands it. No one can force a child to speak if they do not want to.
In such cases, the judge will take note of the situation and assess all available evidence. The refusal to speak does not usually directly harm either parent, although it may lead the court to request the involvement of the psychosocial team if further insight into the child’s situation is needed.
How does the judicial hearing affect the judgment?
The judicial hearing is one more step within the proceedings. Its purpose is to help the judge make a decision aligned with the child’s best interests.
The judge’s goal is not to satisfy the wishes of one parent or the other, but to protect the child’s stability, well-being, and development. That is why the child’s opinion is considered alongside all other elements of the case.
Frequently asked questions about the judicial hearing of a minor
Is the judicial hearing of a minor mandatory?
It depends on the child’s age, maturity, and circumstances. In certain cases, especially when the child has sufficient judgment, it may be ordered to guarantee their right to be heard.
Can the child be accompanied by their parents?
Parents may accompany the child to the court, but they do not attend the hearing. The interview takes place without them to preserve the child’s freedom of expression.
Can the judge tell if the child has been coached?
Judges and prosecutors are experienced in detecting rehearsed statements, pressure, or unnatural responses. That is why it is essential not to influence the child.
What should I do if my child is afraid?
The most important thing is to reassure them. It is helpful to explain that they have done nothing wrong, that they are not making any decisions, and that the purpose is simply for them to be heard.
How we can help you at Zabalgo Abogados
Cases involving minors require particularly careful legal strategy. At Zabalgo Abogados, we support families in custody proceedings, parental measures, and other family law cases in which a judicial hearing of the minor may be ordered.
If you have questions about the judicial hearing, how to support your child, or how to protect their interests in the proceedings, we can help.
Paloma Zabalgo is a lawyer specializing in Family Law and President of the Family and Succession Section of the Madrid Bar Association (ICAM).
