AUTONOMY MANAGEMENT OF MINORS IN PARENTAL DIVORCE PROCEEDINGS

With regard to children’s rights, the management of minors’ autonomy is discussed. International and European legislation, assumed by all Member States, recognize minors’ rights to be listened to and to participate in any matter affecting their personal, family and social life. This paper focuses on parental divorce when minors are between 12 and 16 years old, and on forensic psychology in family law. Some core questions are adressed, such as whether minors really do want to participate in decision-making processes concerning separation and on what matters, the advantages and risks to considering minors’ opinions, and to which extent these opinions should be taken into account. Finally, a decision-making process is suggested which may give a voice to children when their parents are undergoing a divorce proceeding.