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When parents separate, important decisions need to be made about the child. Where will the child live and go to school? How much time should the child spend with each parent? Which hobbies will the child be able to exercise? Finding the correct balance between letting children participate and protecting them from parental conflict is often a struggle, that is even exacerbated because the child’s best interests can conflict with parental interests. Article 12 CRC tries to solve this by granting the child a right to be heard, whilst avoiding the child becoming a party to this procedure. Theoretically, any child who can form views has the right to express them freely and they should be given due weight in accordance with the age and maturity of the child. However, due to problems that arise during the implementation of this principle, children still risk having their interests overlooked, or worse, infringed. This article will first elaborate on the criteria embedded within Article 12 CRC and will secondly, show how its implementation remains difficult by using the example of the Belgian legal practice. At last, the article will conclude by showing the road that still lies ahead to ensure meaningful participation for children dealing with the separation of their parents.

Article 12 CRC as a tool to empower children after parental separation