Example of legal advice: How we help Dilan* (age 9) find a caring home – free of violence and alcoholism

2 March 2022

How do we provide support to children and youth who find themselves in challenging situations? In the context of our series of articles, we examine a specific example of a boy experiencing violence and alcoholism at home.

Children and youth can directly report their experiences at any time by using the link childrensombudsoffice.ch, which connects them to legal advice. Our experts advise them and help them to assert their rights. 

Dilan, the boy whose situation we describe below, was one of those children able to take advantage of our legal advice and receive crucial support.

 

Childhood amidst beer bottles

Dilan’s parents have been separated for a couple years. The boy lives with his mother. There are constant altercations – his mother’s new partner frequently treats him roughly. A high level of alcohol consumption is common in the household. Dilan’s mother uses a variety of addictive substances, also serving alcohol to Dilan. He rarely sees his biological father.

Dilan has secretly decided that he would rather live with his father, but he fears the reaction of his mother and her partner. Aware of Dilan’s desire, the father contacts us, and in this way, contact is established between the child and our experts. We are then able to speak directly with Dilan and provide him with detailed information concerning his rights under the law.

 

This is how we assist Dilan

In our legal advice session, we discuss all aspects of Dilan’s situation together with him. We inform him of his rights, describe his options and encourage him to express his opinions. In addition, we contact the Child and Adult Protection Authority (KESB) and recommend that a hearing be scheduled for Dilan. We alert his father to the option of applying for a change in the right to determine Dilan’s place of residence so that the situation can be re-evaluated by the KESB in the overriding interest of the child. Dilan is heard by the KESB, at which point further examination occurs. The application is accepted. Since then, Dilan has been living with his father in a safe and violence-free environment

 

The application of children’s rights

This example describes how we assist Dilan with his intention, helping him to experience self-efficacy in this detrimental situation, to learn how to take advantage of his rights and hence to build his resilience.

In legal advice sessions with children and youth, the importance of active listening and discussions of children’s rights is becoming increasingly clear. It is only in this way that we as experts can gain an accurate impression of a child’s living situation and provide him or her with support and advice.

Dilan’s opportunity to voice his desires to us and the subsequent measures that were taken meant that his right to have a hearing and the chance to express his opinion, to receive information, to live in a caring home, to grow up free of violence and to protect his physical health as well as his overriding right to a decision in his interest as a child could be applied and guaranteed.

 

*Names and descriptions have been changed to protect participants’ rights to anonymity and privacy.