Expertise in Luxembourg divorce cases: when the conflict concerns a child
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Parental divorce is always an ordeal, especially if the situation is aggravated by mutual recriminations and bitter arguments. In the most serious cases, the court may order a forensic examination - psychological or social. However, as Justice Minister Elisabeth Margue emphasises, such measures are not automatic, but only if a number of conditions are met.
From 2019 to 2023, 167 such examinations were carried out in Luxembourg. Most of them were initiated by a court in Luxembourg. In 2019, only five examinations were ordered, whereas in 2023 there were already 38. At the Court of Diekirch (Diekirch), the figures are significantly lower: around ten examinations per year.
The expertise is only possible with the consent of at least one of the parents. Its task is to identify the roots of the escalating conflict and to develop recommendations for resolving the situation in the best interests of the child. The expert's opinion is not the only factor that the court takes into account. It adds to the overall picture, which also includes statements from the parents, the child's opinion, the report of the child's lawyer and the social report.
If the expert's opinion differs markedly from other elements of the case, this shall be discussed at the court hearing. In exceptional cases, a second expert examination may be ordered.
The court thus finds itself in a difficult situation, balancing legal rules, the emotional tensions of the parties and the need to put the interest of the child at the centre of attention. This delicate work requires a high degree of sensitivity and a multidisciplinary approach, especially in the context of the increasing number of conflict divorces.
