Child Testimony

Testifying in a divorce case can be stressful, but some judges don’t allow the parties to testify. Some judges also don’t allow children to testify, even if they are the ones most affected by the court’s decisions. This can make it harder for the court to hear important information, like if a child is in danger. In one case, a girl wanted to testify about her father using drugs, but the judge wouldn’t let her. Luckily, other evidence was found to support her claims. In three different cases, kids wanted to testify in court about important family issues, but the judge didn’t let them. The judges said it’s never good for kids to testify in family law cases. But the law actually says that the court should consider what the kids want in custody and visitation matters. This means that kids should be allowed to speak up in court, but sometimes they aren’t given the chance. After researching in the social sciences literature, it was found that the belief held by the judges that it is never in the best interest of children to testify in family law matters is not supported. Experts in psychology suggest that children’s feelings and wishes should be heard and understood, and that whether a child should testify should be decided on a case-by-case basis focusing on the individual child and their situation. Some judges believe that children always suffer a lot from their parents’ divorce, so they make decisions that try to protect kids from any stress. But research shows that most children actually cope well with divorce, and some even feel better after it. The problem is that once judges make these rules, it’s hard to change them. For a long time, courts used the “tender years” doctrine to give custody of children to their mothers in divorce cases. This was because it was assumed that mothers were better caregivers. But research now shows that having both parents involved is best for kids. Children without their fathers around are more likely to have problems in school and with their emotions, and they are also more likely to have trouble with the law. Girls without their fathers are more likely to have early pregnancies and divorces. It took two changes to the law to try to get rid of this old way of thinking, but some judges still use it. The idea that “children never lie” is not true, and studies have shown that some abuse allegations made by children are false. Some high-profile cases have fallen apart in court, and false allegations in family law cases are becoming more common. Another theory that “children should never testify in family matters” is also not true, as children should have the right to speak up if they are old enough, know the truth, have an opinion, want to voice their opinion, and are not being influenced by anyone else. If these conditions are met, a judge should allow a child to testify in court. This is a list of books and articles about child custody and divorce. They talk about how children are affected by their parents’ divorce and how the courts decide where the children should live. Some of the sources also discuss the importance of fathers being involved in their children’s lives. Various experts have studied cases of child sexual abuse and found that sometimes children make false allegations. These mistaken cases can cause trauma to everyone involved. There have also been concerns about gender bias and misuse of domestic violence injunctions in the legal system. Some court cases have debated whether young children are old enough to testify in court. William D. Slicker, a lawyer in St. Petersburg, wrote about these issues. This article was submitted by the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/child-testimony/