Child Suffering in the Context of Parental Guardianship Disputes

Abstract

Based on a review of the literature, this article aims to reflect on and highlight the importance of the expression and identification of the child’s suffering within the context of judicial child custody disputes, drawing on the principle of the best interests of the child. For professionals in the psychosocial staff that perform
the evaluation of the child in cases of child custody disputes, highlighting this suffering allows them to intervene in order to make it visible to the parents involved in the conflict. Professional evaluators may guide parents, informing
them of the emotional risks experienced by the child, and pointing out the impact on the child’s development and well‑being. Furthermore, the technical report of the evaluation provided to the magistrates should point out the expression
of the child so that it may be considered in their decisions, regardless of the views of parents and lawyers, who seek to emphasize the conflict.