In a recent ruling, the Constitutional Court clearly stated the obligation of the general courts to take into account the views of children approaching adulthood when deciding on their lives and, if certain conditions are met, to consider those views as a fundamental guide in seeking the best interests of the child. This obligation should apply to all decisions of the courts, including interim measures.
The Constitutional Court, in its ruling II ÚS 1626/22, addressed the question of how the general courts should consider the views of children approaching adulthood when making decisions about their lives. In this particular case, the Constitutional Court was approached by a 14-year-old boy who disagreed with the conclusions made by the Court of Appeal, on the basis of which the Court of Appeal had annulled the interim measure concerning the form of his care and the substitution of his mother's consent to his enrolment in another primary school.
The Court of Appeal did not, in its decision, make any further inquiry into the complainant's position, on the understanding that his views would be ascertained later in the proceedings on the merits. However, according to the Constitutional Court, the view of a child approaching adulthood cannot be disregarded in any proceedings before the general courts in which his life is decided. According to the Constitutional Court, the view of the minor should then be regarded by the general courts as an essential guide in the search for the minor's best interests, in particular if the minor is able to express his or her view of his or her best interests and perceive its consequences, has no educational problems and both parents' abilities to care for him or her are essentially equal.