Title IX bis: Hearing children in court.

The minor capable of discernment shall be informed by the person or persons exercising parental authority, the guardian or, where applicable, by the person or service to whom he or she has been entrusted of his or her right to be heard and to be assisted by a lawyer in all proceedings concerning him or her. Where proceedings are brought by application, the summons to the hearing shall be accompanied…

The request for a hearing is made to the judge without formality by the minor himself or by the parties. It may be made at any stage of the proceedings and even for the first time on appeal.

The decision ordering the hearing may take the form of a simple mention in the file or in the hearing register.

When the request is made by the minor, the refusal to hear the minor can only be based on his or her lack of discernment or on the fact that the proceedings do not concern him or her. When the request is made by the parties, the hearing may also be refused if the judge does not consider it necessary for the resolution of the dispute or if it appears…

The decision ruling on the request for a hearing made by the minor is not subject to appeal. The decision ruling on the parties’ request for a hearing is subject to the provisions of Articles 150 and 152.

The court clerk’s office or, where applicable, the person appointed by the judge to hear the minor, sends the latter a summons by ordinary letter with a view to his or her hearing. The summons informs the minor of his or her right to be heard alone, with a lawyer or a person of his or her choice. On the same day, the parties’ defence counsel and, failing that, the…

If the minor asks to be heard with a lawyer and does not choose one himself, the judge shall request, by any means, the appointment of a lawyer by the President of the Bar.

When the hearing is ordered by a panel, the panel may hear the minor itself or appoint one of its members to conduct the hearing and report back to it.

When the judge considers that it is in the child’s best interests to do so, he or she will appoint a person to conduct the hearing, who must have no links either with the minor or with a party. This person must work or have worked in the social, psychological or medical/psychological field. The court registry shall notify the person of his/her assignment without delay and by any means.

If the person responsible for hearing the minor encounters any difficulties, he or she shall refer the matter to the judge without delay.