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The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts[Note 1. The study was sponsored by the Ministry of Justice, ...]
Author(s) -
Karle Michael,
Gathmann Sandra
Publication year - 2016
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12212
Subject(s) - german , family court , feeling , christian ministry , economic justice , psychology , state (computer science) , law , political science , social psychology , history , archaeology , algorithm , computer science
According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well.