Hearing of a child in a family court – legal regulations and practical experience in Austria – Prof. dr hab. Ewa Tuora-Schwierskott

The legal basis for hearing a child during family court proceedings in Austrian legislation is regulated in the Civil Code, the Act on the settlement of non-contentious disputes and the Marriage Act in general. Individual legal provisions are also found in the Code of Civil Procedure of August 1, 1955, as last amended on July 19, 2023, as well as in the Convention for the Protection of the Rights of the Child adopted by the United Nations General Assembly on November 20, 1989, and in the Federal Constitutional Act on the Protection of Children’s Rights. kids. In this opinion, the Author defines the scope of the procedural right to hear a child, and also characterizes cases that obligatorily require a child to be heard. It also characterizes the institution of a child’s advocate in terms of hearing the child, appointing a lawyer and the necessary qualifications to perform this function.