Rovee- Collier et al 93 proposed that " A divorce case that goes to court can be hard for every member of the family, especially the children. Can the child go to court and explain to the judge what happened, and thereafter have a relationship with both parents as if the child never testified?
In the case of abuse, it has been proven young children would rather have a hurtful touch than no touch at all.
The events were videotaped and lasted about ten minutes. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. Sounds pretty traumatic, right? The custody evaluator can recommend to the court whether or not a specific child should testify.
It is generally up to the judge to decide whether or not to permit the attorneys to be present at the interview. One of the major problems when assessing the validity of child witnesses is the suggestibility of the child. What kind of consequences could come from testifying against a parent s?
A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time.
Judges should consider whether there will be a negative impact on the relationship between the child and one or both parents as a result of the proffered testimony.
In a healthy environment a child is free to express their concerns while in an abusive or extremely dysfunctional environment a child can be afraid or even be unaware that their situation is detrimental.
The Judge was presented an Order, but never heard any testimony. Aside from the legal authority to do so there are also practical considerations for the parent before deciding whether to have the child testify.
Supporters of using children to give testimony in court have claimed that the use of anatomically correct dolls when interviewing children involved in sexual abuse cases allow the child to express themselves easier for a number of reasons.
Their experiment involved thirty-six children eighteen 7-year olds and eighteen 4-year olds going in pairs into a parked trailer with a male stranger a confederate. Sometimes only the child really knows what happened between the parties because the child was a witness to the arguing or other conduct now denied.
Will Testifying Traumatize My Child?
Until fairly recently, no significant research had been done which compared patterns of play with the dolls between abused and non-abused children. The Court should state the reasons for allowing or disallowing the testimony of the child, and The Court should note the factual information which the court developed from the conference with the child which would be considered by the court in its ultimate determinations in the case.
The first group were asked leading questions i. There are both legal and practical considerations to consider when determining whether it is appropriate to do so.
Meldau emphasized that, in her opinion, a minor child should not have to testify against their parent. Perhaps they knew of one parties misconduct and were asked to help hide it, or at least not disclose it.
The first hurdle is whether the child is competent to testify.
The reason and wisdom behind this precaution need no amplification. They were then exposed to information on a novel mobile for a short amount of time.
About this resource This coursework was submitted to us by a student in order to help you with your studies. They were then asked individually a number of questions relating to the film. Children must always be kept out of the middle of any litigation. During the s, many states began allowing children to testify in criminal cases via closed-circuit camera.no children should be allowed to testify on account of the malleability of their recollection.
However, children can play a vital role in the legal system, and indeed there are many cases in. which a child is the only witness to a crime, but until the time that sufficient research has been.
In conclusion, Dr.
Meldau emphasized that, in her opinion, a minor child should not have to testify against their parent. The parent-child bond is too important and too strong to take any unnecessary chances it will be broken.
The fact that the child is asked to testify should alert the pediatrician to the possibility of severe family dysfunction and is an indication to consider a mental health referral to support the child during this period of stress and adjustment.
A child testifying should be avoided if it can be, however if it cannot be avoided the above process will likely be used by the Court to determine if and how the child will testify. Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at () or [email protected] If a child is not allowed to testify, the court can still hear the voice of the child through a custody evaluator.
Some judges will wait until near the end of the case to consider whether or not a child is allowed to testify. A divorce case that goes to court can be hard for every member of the family, especially the children.
When is it appropriate for a child to testify in court?In Texas, though there is no specific age at which a child can testify.Download