Court proceedings can be especially intimidating for a child. There are, therefore, specific requirements for dealing with a child during court proceedings. These requirements help to ensure that the best interests of the child are observed in each individual case.
Initiation of court proceedings
The child cannot initiate court proceedings or independently take part in these proceedings before he/she has reached the age of majority. This is carried out by the child’s legal representative, usually a parent or legal guardian. There may, however, be exceptional situations, where the law allows a child to submit an application to a court and to take part in proceedings independently of their legal representatives.
example A child may initiate court proceedings in family matters after he/she has reached the age of 15 if he/she is able to understand the meaning and consequences of the proceedings.
Right to be heard before a court
A child has a right to be heard before all types of courts in cases that affect his/her interests. This also applies to those cases which have not been initiated by the child or his/her legal representative. The court will take it into account and evaluate the child’s best interests in each individual case. Read more about the right to be heard.
Closed court sessions
Court hearings are usually public to ensure that courts work openly and that their decisions are available for public scrutiny. Court sessions may, however, be closed in order to protect legitimate interests, such as the interests of a child.
In Slovenia, court sessions are always closed in cases regarding family matters. The court may also decide to hold a closed hearing on its own initiative or upon a parent’s/legal guardian’s request in another type of proceeding if this is necessary to protect a child’s interests.
example The criminal court may decide to hold a closed session if the victim is a minor.
Read more about publicity and closed court sessions as an exception in administrative, civil, criminal and minor offences proceedings.
Expedited proceedings
Legal cases which affect a child’s rights and interests should be decided as quickly as possible and have priority in this regard compared to other cases. This also applies to expedited enforcement of court-ordered measures.
example A judgment related to the exercise of parental access rights should be adopted and enforced as quickly as possible, since prolonged separation may have irremediable consequences for the parent-child relationship. Criminal proceedings against a minor should also be given priority compared to cases where the accused is an adult.
Read more about the length of proceedings in administrative, civil, criminal and minor offences proceedings.
Ex-officio criminal prosecution
In case a violent criminal offence is committed against a minor, the perpetrator is always persecuted by the State Attorney by their own initiative.
Examination of witnesses who are minors
There are specific requirements for the examination of a child as a witness in court.
The court has to make sure that the child’s testimony is taken in a way that does not adversely affect his/her mental state. The court may decide that the child should be examined in with the help of a pedagogue or other expert. A person trusted by the child may be present during interrogation of a witness younger than 15 years.
example The court may decide that the presence of specialists is necessary when the child’s young age and/or vulnerability is considered.
If necessary, certain persons who are present at the court hearing may be asked to leave the courtroom during the child’s examination, if this would help in an objective investigation of the facts of the case.