PORTUGAL Law and Practice Contributed by: João Perry da Câmara, Teresa Silva Tavares, Sofia Vaz Pardal and Joana Salazar Gomes, Rogério Alves & Associados
In fact, Article 1906.º n.º 5 of the Portuguese Civ - il Code states that the court will determine the child’s residence and rights of access according to the child’s best interests, taking into account all relevant circumstances, in particular, any agreement between the parents and the will - ingness shown by each of them to promote the child’s habitual relations with the other. The court can hear children. It is mandatory for the court to hear children when they reach 12 years of age, but the court can decide to hear younger children if they show the capac - ity to understand the issues and the maturity to answer. Moreover, the court can decide to hear the chil - dren as witnesses. In some particular situations, when the court understands that the interests of the children conflict with the interests of the parents, the court should nominate a lawyer for the children. 3.4 ADR Mediation is available, but it is not mandatory. It can assist the parties in resolving financial issues. In a court process of regulation of parental responsibilities, the court decides whether the parties should go through a period of mediation, which the parties can refuse.
The parties cannot refuse to undergo a phase of specialised technical evaluation, during which the social security services will try to reach an agreement between the parents and, finally, pro - vide a report to the court setting out their views and conclusions. Any agreement about regulation of parental responsibilities reached via a non-court process should be approved by the court or by the chief of the civil registration office after the agreement of the Public Prosecutor. Thereafter, the agree - ment is enforceable. Alternative dispute resolution is not mandatory, which is the reason it cannot be imposed. 3.5 Media Access and Transparency Processes concerning the children are confiden - tial and cannot be accessed without authorisa - tion. The press can report cases without identify - ing the name and pictures of the children. The protection of children is always granted and is mandatory. If members of the media reveal data relating to children that allow their iden - tification, the parents can take judicial action against the press.
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