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
A 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.
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 Lithuania, court sessions are always closed in cases regarding parental custody and access rights, the determination of paternity, a child’s wrongful removal to other countries, as well as cases involving adoption. The court may also decide to hold a closed hearing on its own initiative or upon a parent’s/legal guardian’s request if it is necessary to protect a child’s interests.
example The court may decide to hold a closed session if the child who has committed a crime or administrative offence has not yet reached 16 years age or if the victim is a minor.
Read more about publicity and closed court sessions as an exception in administrative, civil, criminal and administrative 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 administrative offences proceedings.
Examination of witnesses who are minors
There are specific requirements for the examination of a child as a witness in court.
The court may decide that the child should be examined in the presence of his/her representative (parent or legal guardian) or other persons specifically mentioned in law, such as a specialist in children’s rights or a psychologist.
example The court may decide that the presence of a child’s representative or 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.
Read more about the examination of witnesses who are minors in court in Civil Procedure Code and Criminal Procedure Code.