Children’s Voice Prevails at US Court of Appeals
Last week, one of the highest courts in the country affirmed the importance of listening to children before deciding critical issues affecting their lives.
The Children’s Law Center, joined by two other child advocacy organizations, filed an amicus brief in a critical appeal over whether children have an opportunity to be heard in Hague Convention proceedings. Ultimately, the Court agreed!
The case underscores a core principle of CLC’s work: children are individuals with rights, perspectives, and lived experiences that deserve to be taken seriously.
The Case
In Armand v. Armand, the Eighth Circuit Court of Appeals vacated a district court order that returned two children, ages 14 and 12, to their home jurisdiction of France. The lower court had repeatedly rebuffed requests that the court hear from the children themselves.
The appellate court remanded the case after finding that the court was in error not to hear from the children regarding whether they objected to returning to France under the Hague Convention’s “mature child” defense.
Under the Hague Convention on the Civil Aspects of International Child Abduction—or simply the “Hague Convention”—courts generally order the prompt return of children who have been wrongfully removed from their country of habitual residence. But the Convention also recognizes that children are not merely passive subjects of adult disputes. When a child has reached an age and level of maturity at which their views should be considered, which some courts have found can be as young as eight years old, their position should be considered.
At the trial, the mother repeatedly asked the district court to interview the children—either directly or through a professional—to determine whether the mature child defense applied. The district court ordered the children’s return without addressing those requests. The Eighth Circuit held that the court must first consider whether the children should be interviewed before ruling on the petition, vacated the judgment, and sent the case back for further proceedings.
CLC, together with NYC’s Lawyers for Children and the St. Louis University School of Law Children’s Permanency Clinic, submitted an amicus brief urging the court to recognize the importance of hearing from children in Hague Convention proceedings. Drawing on the organizations’ decades of experience representing young people in family courts, the brief emphasized that children’s perspectives can provide critical insight into their safety, well-being, and best interests.
The Hague Convention’s safeguard reflects a fundamental principle: decisions that profoundly shape a young person’s life should not be made without considering that young person’s voice. As our amicus brief explained:
“Silencing the voice of a mature child undermines the very principle the Convention seeks to protect; namely, promoting child welfare.”
Centering the Child’s Voice
When courts listen to children, especially in cases that will determine where and with whom they will live, they make more informed decisions and uphold the dignity and humanity of the young people whose lives are at stake.
Thank you to the dedicated team at Cleary Gottlieb Steen & Hamilton LLP for its hard work and leadership on this brief. We are so grateful for our pro bono partners!
