The State Duma is moving to clarify what is meant by the phrase “interests of the child,” a term that currently carries a broad and somewhat ambiguous interpretation within the Family Code, according to Izvestia. The newspaper cites members of parliament and independent experts who weigh in on how this concept should be defined and applied in practice.
Among the ideas being considered by legislators is a potential removal of the requirement that the opinion of a child over the age of ten must be consulted in decisions that affect the child. Instead, the proposal suggests reframing the language to state that the child has a right to have his or her own interests and the views of their parents taken into account, rather than a mandate to obtain a direct opinion in every case. This shift would alter the balance of influence in family matters, and it is presented as a move toward clarity in how the child’s perspective should be integrated with parental input.
In the draft text, the opening clause reads that it is mandatory to consider the parents’ opinion on issues affecting the child, except in situations where doing so would contravene the child’s interests. Supporters argue this establishes a clear hierarchy: while parental insight remains valuable, the child’s welfare must take precedence when there is a conflict. The aim, they say, is to ensure that decisions reflect the child’s real life needs while acknowledging the role of parents in guiding upbringing and daily life.
The MPs behind the proposal describe the child’s interests as requiring conditions that enable life stability and healthy development in line with some traditional Russian spiritual and moral values. The suggested framework emphasizes parental guidance in upbringing, the protection of a child’s individuality, and the objective of maintaining a strong family structure and, ideally, the continuation of parental marriage. It also contemplates the importance of allowing contact with both parents, even in circumstances where one or both parents might oppose such contact due to broader disputes. These elements, the lawmakers argue, are essential to safeguarding the child’s long-term well-being and social integration.
The proposal has been submitted to the State Duma by a group of deputies from multiple parties, including Oleg Matveychev (United Russia), Dmitry Kuznetsov and Dmitry Gusev (SRZP), Ivan Musatov and Stanislav Naumov (LDPR). Their collective aim appears to be creating a more explicit legal standard for interpreting the child’s interests that could guide courts and family authorities in a consistent manner, while also reflecting a broader societal emphasis on preserving family bonds as a cornerstone of child development.
Experts contacted for commentary on the issue acknowledge its complexity. They note that a ten-year-old child is often influenced by the specific parent with whom they reside, which can complicate efforts to assess the child’s independent wishes. Yet they caution against drafting a rule that entirely strips children of their voice. The consensus, they say, should be a measured approach that protects the child’s ability to form and express opinions in a way that remains supervised and guided by appropriate legal and parental safeguards. In practical terms, this means avoiding a veto power for the child while still ensuring that the child’s expressed preferences do not override crucial welfare considerations. The aim is to strike a balance that respects the developing autonomy of the child without removing the protective role that adults, including both parents and guardians, play in decision-making.
Beyond the contemporary legal debate, the public discourse around children’s rights and family law has occasionally been punctuated by anecdotal reports of cases that raised concerns about how age and circumstance interact with capacity to express preferences. One widely discussed case involved a nine-year-old student who reportedly spent two years living alone in an apartment in France during a study period, highlighting how international contexts can influence perceptions of a child’s independence and decision-making capability. Another incident involved a Chinese student who reportedly sought police involvement due to an overwhelming class schedule, illustrating how cultural and educational pressures can intersect with issues of youth welfare and rights. These stories, while not legal rulings, illustrate the real-world complexity of balancing a child’s agency with protective oversight and the need for clear, practical guidelines in national law (attribution: Izvestia).