Managing a child’s affairs
A child’s opinion should be heard when it comes to matters that affect their life. These include matters relating to divorce, child welfare and criminal cases involving a child. For the purposes of the law, a child is anyone under the age of 18.
The child’s opinion should be heard, regardless of their age. However, the age and level of development of the child must be taken into account. This affects, for example, what language the child can be expected to understand and where and how hearing the child should take place. The child must also be told why they are being discussed and what matters they could influence with their opinion.
Divorce and child custody issues
A child has no role in their parents’ divorce. The parents decide among themselves on matters and arrangements following the divorce. However, they should find out what the child thinks about living arrangements after the divorce. It is also important to tell the child more generally how the divorce will affect their life, as divorce is a big change in a child’s life.
The child is heard when the court decides on a custody dispute. As a rule, the hearing is held by social services in the context of the assessment of circumstances, but in some situations the court may also hear the child. Hearing is also possible in expert-assisted mediation.
Advice on how to agree on a child affairs is available from the child welfare officer of the wellbeing services county. If parents cannot agree, different services are available to help them find a common understanding. Meetings should pay particular attention to what is in the best interests of the child.
More information
Child welfare matters
A child’s own opinion and wishes must be taken into account when assessing their need for child welfare and when making child welfare decisions. The child must also be given enough information about child welfare to understand what is involved.
According to the law, children aged 12 and over must be heard if they are to be taken into care. In practice, the opinion of a child under 12 years of age must also be sought when preparing to take that child into care. The child’s opinion and the way in which it is sought are recorded in the child welfare documents. More information on child welfare.
A child as a victim of crime
If a child becomes a victim of crime, they have the same rights as other victims of crime. They are, for example, entitled to damages. Obligations are also the same: for example, at a court hearing there is an obligation to tell the truth.
In court, a child must be treated in a way that takes into account their age and level of development. The police, prosecution and court are obliged to treat most crimes against children as urgent.
Victims under 15 years of age do not have to attend a court hearing in person, but the victim’s testimony during the pre-trial investigation will be heard at the trial. Children aged 15–17 can also be interviewed using a statement recorded during the pre-trial investigation. The guardian or other legal representative has a right to be present at the hearing of the child.
A person under 15 years of age is represented in court by a guardian or other legal representative. A 15–17-year-old can speak at a court hearing together with their representative.
It is often necessary to use legal counsel in court proceedings. More information on legal aid.
A child as the suspect of a crime
People aged 15 and over are criminally liable for their actions. This means that a criminal case will be tried before a district court if the prosecution brings a case against a minor. If a 15–20-year-old is convicted of a crime, their age is taken into account when assessing the guilt and the consequences of the crime.
It is often necessary to use legal counsel in court proceedings. More information on legal aid.
Children under the age of 15 cannot be suspects in a criminal case. However, they are liable for damages for the crimes they commit. For offences committed by a person under the age of 15, the police will report the offence to child welfare and inform the parents or guardians.
Managing the financial affairs of a minor
Anyone under the age of 18 can receive property, for example by inheritance or donation. The property belongs to the child but the child’s guardian is usually responsible for managing the child’s financial affairs and looking after their interests.
The guardian must manage the child’s property with care. It can only be used for the child’s own benefit but not, for example, for the maintenance of the child.
For example, if the guardian intends to sell the child’s property, they will need permission from the Digital and Population Data Services Agency. If the value of the property is more than EUR 20,000, the guardian must submit a list of the contents of the property to the Digital and Population Data Services Agency and an annual account of it
The court can appoint an external trustee for a child if the guardian is unable to manage the child’s property themselves. This could be the case, for example, if the parent and child are both parties to the same death estate. More information on managing a child’s property (dvv.fi).