AKMV 
When Can a Child Testify in Court?
QUESTION
When can a child be heard in court?
ANSWER:
Whether the court decides, during proceedings in matters of the court’s care for minors (§ 111 of Act No. 161/2015 Coll., the Civil Non-Contentious Procedure Code), to hear a child depends on the circumstances of the specific case. At the same time, it must be emphasised that in such proceedings, the court takes into account primarily the best interests of the minor child — meaning that when adjusting the rights and obligations of the parties (e.g., the parents), it seeks a solution that best considers the child’s needs.
Under the principle set out in Article 5(g) of Act No. 36/2005 Coll., the Family Act:
“The interest of the minor child is the primary consideration in all matters concerning the child. In determining and assessing the child’s interest, the child’s opinion is taken into account, as well as the possibility of the child being exposed to a conflict of loyalty and the subsequent feeling of guilt.”
This important principle is further specified in § 43(1) of the Family Act, which states:
“A minor child has the right to express his or her opinion freely and independently in all matters concerning him or her. In proceedings deciding matters concerning a minor child, the child has the right to be heard. Due attention must be given to the opinion of the minor child, corresponding to his or her age and maturity.”