Child Witnesses in Family Law Cases

Family law cases can be emotionally challenging. Family law cases often involve children. Family courts must prioritize the child’s best interests when deciding child custody, child support, and visitation. In its decision-making, the court weighs the evidence presented by both parents. There are instances where the court—to identify the child’s best interest—will need to hear directly from the child.

This article answers frequently asked questions about children testifying in family law cases. The laws of family law vary from state to state. A local family law lawyer will assess the facts of your case and apply your state’s laws to offer the best legal advice in your case. If you are in the middle of a family law case and a child will need to testify as a witness, contact a local and experienced family law attorney.

Can a Child Testify in Family Law Cases?

Yes, children can generally testify in family law cases. There are some restrictions and exceptions. Before allowing a child to testify, the family court will consider the child’s:

• Age
• Maturity
• Ability to understand the difference between truth and lies

If the court determines the child is competent to testify, the court will likely allow the child to do so. The court may try to minimize any potential emotional impact on the child. The court may also consider the purpose of the testimony and may limit the testimony to some specific subjects.   

What Are the Special Rules for Child Witnesses in Family Law Cases? 

Some special rules are usually put in place for children who are witnesses in family law cases. The rules are generally in place to protect the child’s well-being. While courts have discretion to implement their own rules, most courts require attorneys to:

• Use child-friendly language
• Limit the duration of testimony
• Allow testimony in a more comfortable setting, like a judge’s chambers

Sometimes, a mental health professional or guardian ad litem will testify on behalf of the child to reduce the stress on the child. 

How Are Child Witnesses Prepared To Testify in Family Law Cases?

If a court asks your child to testify, preparation will be essential. Most courts will usually ask a legal or mental health professional to prepare the child. This involves explaining the process in an age-appropriate way. They should also discuss how to answer questions honestly and explain to the child about the setting and people involved. 

What Happens if a Child Is Reluctant To Testify in a Family Law Case?

If your child is reluctant to testify, the court may seek alternative methods to get their testimony. An option for this includes the judge interviewing the child in their chamber. Another option is inviting a special and neutral guardian or mental health professional to talk to the child and relay what they say. The court should acknowledge and respect the child’s comfort level while hearing the child’s testimony. 

Can a Child Be Cross-Examined in a Family Law Case?

A child can be cross-examined in court. Unlike typical cross-examinations, cross-examining a child is usually much gentler. The judge may impose restrictions on the subject matter about which the attorney can question the child. The court may also have someone monitor the psychological well-being of the child. While the court and the family law case aim to get the truth and get accurate testimony, the child should not experience unnecessary stress. 

What Are the Risks of Using a Child Witness in a Family Law Case? 

There are some risks to using a child witness in a family law case. Testifying can be emotionally grueling for the child, especially during a custody hearing. Why? Children often feel extreme pressure as they believe they must choose sides. Because of this, they often experience guilt. This could affect their mental health and their long-term relationships with their parents.

It’s essential to weigh these risks carefully. A child custody lawyer can help you consider how this will affect your child custody case.

How Can I Protect My Child From the Emotional Trauma of Testifying in a Family Law Case?

To protect your child from emotional trauma, you should prioritize their well-being above the case’s outcome. There may be alternative ways to present relevant evidence. If the child must testify, insist the court provide the proper support from a mental health professional.

Keep communication with your child open and reassure them of your unconditional love and support. This is important in custody disputes, regardless of the case’s outcome. 

What Resources Are Available To Help Child Witnesses in Family Law Cases?

A mental health professional or social worker experienced with child witnesses may be available to help. The court can order counseling services to help. The court may also provide a special advocate to advocate for the child’s best interests. Your attorney will also likely know local resources that can offer the best support for your child. 

Whether to involve your child as a witness in a family law case requires careful consideration. If your child must be a witness—prepare, support, and protect your child through the process. For the best legal support, contact a local and experienced family law lawyer.