The child’s right to express an opinion in a divorce proceeding—does anybody hear us?

Abstract The legal standard of the best interest of the child is determined and quantified in various ways throughout legal proceedings. To ensure that any decision genuinely reflects this standard, it is essential to uphold the child’s right to participate fully in matters that affect them. Full participation means enabling children to express their views and participate in matters that affect them, especially in divorce cases, which often have a strong impact and consequences on their lives. Empowering children in this way not only ensures their voices are heard but also strengthens their sense of independence and dignity. The article presents the results of the research approved by the Ministry of Education and Science of Bosnia and Herzegovina Federation conducted in Bosnia and Herzegovina on the extent to which the child’s right to express an opinion is respected in divorce proceedings. The main objective of this article is to analyse whether courts in Bosnia and Herzegovina uphold this right, whether there is an age threshold for considering a child’s opinion, and how that opinion is factored into determining the child’s best interests. The key question is whether court rulings in divorce cases explicitly justify decisions about the child’s best interests in relation to the child’s expressed view.