¿Qué es la exploración del menor?
Is not a test per se; it is a right they have within family law judicial processes. Minors have the right to be heard at all times.
It is a diligence for the formation of judicial conviction; therefore, not being a means of evidence, it does not hold the same weight as evidence concerning principles of contradiction, defense, and the like.
At what age is this examination conducted?
- Minors under 12 years old: In contentious processes, children under legal age or with incapacity will be heard if deemed necessary by the initiative of the prosecutor, parents, members of the judicial technical team, or by the request of the minor.
- Over 12 years old: In any case, this examination is carried out if the minor is over 12 years old. The minor will testify before the judge in the presence of the prosecutor.
Sometimes, with minors under 12 years old, the intervention of a psychosocial team through an interview is considered appropriate.
How is this examination assessed?
The court considers the minor’s perspective along with other evidentiary elements of the legal process. If the minor is more mature, their opinion holds more weight in the judicial decision, as long as the judge deems their opinion aligned with their best interest. As the minor grows more mature, it may become more challenging to issue a judicial decision that differs from their will. However, even in such circumstances, if the court’s ruling does not align with the minor’s will, all necessary means, especially involving their parents, must be employed to ensure compliance with the decision.
When and where is the examination conducted?
It is usually conducted a few days before the trial or on the same day before its commencement. Typically, the interview takes place in the judge’s office.
Minor’s examination record:
The judge records in a report the conclusions and content expressed by the minor during the examination.