The article investigates the application and effectiveness of the right of children to be heard and the right to be raised and educated by their parents and growing up in the company of both parents, in the Chilean legal system and judiciary, in order to answer questions about how these rights are applied in the family courts; what actions judges take to adequately comply with the mandate of the Convention in relation to the matters indicated and how they operationalize these rights in difficult situations, such as separation. To that end, we addressed the impact and influence that the dynamics and functioning of the family may have on the subjective wellbeing of children and adolescents; the implications and antagonisms that are generated regarding the exercise of the rights and duties between parents and children in cases involving the right to maintain a direct and regular relationship with the parent who does not have personal care, as well as the right to be heard and to have their opinion taken into account in judicial instances. All of the above makes it possible to identify the way in which the courts have resolved these implications, considering the welfare of Chilean children and adolescents.