Establishment of children's right to express their views in family law system

本研究从儿童表达意见的权利出发，探讨在离婚、虐待儿童等家庭纠纷中，如何保障儿童的利益。孩子们有能力根据他们的成熟程度做出决定。父母和他们周围的人有必要在信任孩子的能力和考虑他们的愿望、感受和意见的情况下解决争端。更具体地说，如果由于父母虐待儿童等原因，儿童不宜由父母监护，如果儿童希望由父母以外的人（如祖父母）照顾，如果从儿童的福利角度考虑，这被认为是一种适当的解决办法，则根据《民法》第766条，可以指定该人为监护人。对于父母分居或离婚后的亲子探视，在探视权是子女权利的前提下，有监护权的父母有义务保障无监护权的父母对子女的探视权。在家事法庭中，应引入“家长教育项目”，使家长了解探视的强制性。有必要制定一些做法，让儿童作为当事人参与包括小组会议和联合家庭调解在内的程序，通过这些程序，将儿童的感受传达给父母，并得到父母的充分接受。

This study, from the perspective of children's rights to express their views, explores how children's interests should be ensured when they are involved in family disputes such as divorce and child abuse. Children have the ability to make decisions according to their maturity level. It is necessary for parents and those around them to work toward dispute resolution with trust in children's ability and with consideration for their wishes, feelings and opinions.More concretely, when it is inappropriate for a child to be in custody of his/her parent, because of parental child abuse for instance, and if the child wishes to be taken care of by someone other than his/her parent such as his/her grandparent, and if it is considered an appropriate solution in terms of the child's welfare, that person can be designated as the guardian under Civil Code 766. As for child-parent visitation after separation or divorce of the parents, custodial parent has the obligation to ensure visitation of the child with non-custodial parent on the premise that visitation is the children's right. In family court, "parent education program" should be introduced so that parents can understand the obligatory nature of visitation. There is a need to develop practices in which children as parties are involved in procedures including group meeting and joint family mediation through which the feelings of the children are conveyed to and accepted fully by the parents.