Abstract Book of the 7th International Conference on Future of Social Sciences and Humanities
Year: 2025
[PDF]
The Child’s Right to Be Heard in Divorce Proceedings: Legal Framework and Practical Challenges in Kosovo
PHD (C) Ermonda Zogiani
ABSTRACT:
The right of the child to be heard in judicial proceedings is guaranteed by international legal instruments, notably enshrined in Article 12 of the United Nations Convention on the Rights of the Child—a binding international standard that has been transposed into Kosovo’s domestic legal framework, particularly within family law legislation. In the context of divorce proceedings, the child’s right to express their views assumes particular significance, as judicial decisions concerning custody, visitation, and residence have a direct and lasting impact on the child’s daily life and overall well-being. This paper critically examines the normative framework and procedural implementation of the child’s right to be heard in post-divorce legal proceedings within the Kosovo legal system. Although this right is formally recognised, its practical implementation remains problematic, particularly in relation to assessing the child’s age and maturity, as well as the methodologies used to obtain their views in a procedurally appropriate and sensitive manner. By drawing on doctrinal legal analysis and selected judicial decisions, the paper identifies significant gaps between legal provisions and their application in practice. The paper concludes with practical recommendations aimed at strengthening the enforcement of this right in Kosovo’s judicial system, in line with international standards and the overarching principle of the best interests of the child. Special emphasis is placed on the need to establish a child-friendly environment throughout all stages of judicial proceedings.
Keywords: Best interests of the child, family law, judicial system, procedural safeguards, voice of the child