Wysłuchanie małoletniego w postępowaniu cywilnym. Refleksje de lege lata i de lege ferenda

Abstract

The purpose of this article is to acquaint the reader with the procedure of a minor’s hearing in civil proceedings. The location of the provisions in Polish and international law concerning: the basic norms regulating the rights of the child, the definition of a minor, the rights afforded to them, and the process of their hearing by the court will be presented. The conditions that must be met in order for a minor’s hearing in a civil process to take place will be indicated. The procedure for a court hearing, which is significantly more complicated than the examination of an adult, will be described. This is due to the fact that the child’s welfare and psychological state, which are still developing in childhood, must be taken into account, thereby providing them with a proper sense of security. The article will discuss issues related to changes arising from the draft act of May 11, 2023 – amending the Family and Guardianship Code and some other laws aiming to provide more favorable conditions for minors than has been the case so far.