Children’s rights in court proceedings result from Austrian legislation. It was based on the provisions of the Convention on the Protection of the Rights of the Child, which Austria ratified in 1992, as well as the Federal Constitutional Act on the Protection of Children’s Rights. Provisions on this matter are also included in the Civil Code and the Act on Amending Children’s Rights and Changing Surnames of 2013.
In ensuring children’s rights, courts focus in particular on ensuring child care and personal contacts, guided by the interests and well-being of the child. The importance of taking into account the child’s opinion is emphasized. To protect them, the court appoints a child legal advisor. It is a person with legal training and psychological qualifications. His task is to take care of the child’s mental well-being during court proceedings and to help him articulate his will. An extremely important task is to ensure that the child does not feel a conflict of loyalty towards his or her parents.