Appellate Court Ruling on Custody: Failure to Hear Children

In a dispute over child custody, the appellate court found that the lower court violated mandatory provisions of the relevant Civil Code articles and the UN Convention on the Rights of the Child by failing to personally hear the children, who were of an age and maturity where such a hearing was appropriate, without providing sufficient justification. Despite this procedural violation constituting a denial of the right to be heard, the appellate court, exercising its full review capacity and prioritizing the need for prompt resolution in the best interest of the child, decided to rule on the merits itself rather than remanding the case for a rehearing.