Ruling 731/2024, dated May 27, from the First Chamber of the Spanish Supreme Court, reaffirms the importance of the right of a minor with sufficient discernment, or who is over the age of twelve, to be heard in proceedings to modify custody and visitation orders. The violation of this right led the Supreme Court to annul the appellate ruling, and order the case to be sent back to the earlier stage of the proceedings, specifically to ensure that the Provincial Court could guarantee the minor’s right to be heard, and take into account the opinion expressed.

In fact, the Supreme Court holds that the minor’s right to be heard, as enshrined in Section 92 of the Spanish Civil Code, Section 9 of the Organic Law on the Legal Protection of Minors, and Section 770.1.4º of the Civil Procedure Law, means that the minor must be heard in any Court case that affects their family, personal, or social sphere. The minor’s opinions should be considered according to their age and maturity. In the case resolved by the ruling, neither the Court of First Instance nor the Provincial Court had heard the minor directly, even though the minor was over ten years old at the first instance, and twelve years old at the time of the appeal.

Moreover, the Supreme Court establishes that judicial bodies must even, on their own initiative, arrange for the hearing of the minor if necessary to protect their best interests. Indeed, this is not a mere formality, but rather a crucial element for safeguarding the rights and interests of minors. When they possess sufficient discernment, and certainly when they are over the age of twelve, failing to listen to their views on a matter as significant as the modification of custody and visitation orders not only breaks the law, but can also have a lasting impact on their well-being and future development.