Family court proceedings, such as child custody cases, often involve complex and emotional situations. One aspect that may arise is the use of child testimony.
This article will provide an overview of child testimony in family court, including the age a child can testify, the process for approving such testimony, and the role of a guardian ad litem. A Charlotte family law attorney at Remington & Dixon PLLC can explain how testimony from a child may impact your proceedings.
Age and Frequency of Child Testimony
Child testimony in family court is relatively uncommon due to the potential emotional strain and psychological impact it may have on the child.
The age at which a child can testify in family court varies by jurisdiction. In general, there is no specific minimum age, but the child must be deemed competent to provide reliable testimony.
Seeking alternative methods
Alternative methods are often sought instead to gather information from the child and present it in court while protecting their best interests.
Such alternatives may include interviews conducted by a guardian ad litem, child custody evaluator, or other qualified professionals. These professionals can relay the child’s thoughts and preferences to the court without exposing them to the potentially intimidating courtroom environment.
Approving and Assessing a Child’s Competency
Before allowing a child to testify in family court, the judge overseeing the case must first assess the child’s competency to ensure that the testimony provided is reliable and useful for decision-making.
How is competency determined?
Competency is determined by evaluating the child’s understanding of the difference between truth and falsehood, their ability to recall and communicate facts, and their capacity to comprehend the importance of testifying. Younger children may struggle to meet these criteria.
The process of assessing a child’s competency typically involves the following considerations:
1. Understanding of truth and falsehood:
The judge will evaluate whether the child has a clear grasp of the difference between telling the truth and lying. This understanding is critical, as it helps to ensure the accuracy and reliability of the child’s testimony. The judge may ask the child questions or engage in a brief conversation to gauge their comprehension.
2. Ability to recall and communicate facts:
The child must be able to remember and effectively communicate relevant information about their experiences, feelings, and preferences. This may involve asking the child questions about past events or their daily life to assess their memory and communication skills.
3. Capacity to comprehend the importance of testifying:
The child should demonstrate an understanding of the significance of their testimony and the potential impact it may have on the court’s decision. The judge may discuss the court process and the role of testimony with the child to ensure they grasp the importance of providing accurate and truthful information.
4. Emotional readiness:
The judge will assess the child’s emotional well-being and competence before allowing them to testify. This evaluation includes considering their demeanor, anxiety level, and emotional readiness.
If competent, measures will be taken to make the process stress-free, such as providing a separate waiting area and a support person and using age-appropriate language and questions.
Steps for Child Testimony in Court
Once a child is deemed competent to testify, the court will follow certain steps to ensure the process is as comfortable and stress-free as possible. These steps may include:
- Preparing the child: Prior to testifying, the child should be prepared and informed about the court process, what to expect, and the importance of their testimony. This can be done by a guardian ad litem, attorney, or a support person to help the child feel more at ease.
- Providing a separate waiting area: To minimize stress and anxiety, a separate waiting area may be designated for the child, away from the other parties involved in the case.
- Support person present: The child may be allowed to have a trusted adult, such as a parent, guardian, or therapist, present during their testimony to provide emotional support and reassurance.
- Considerate language and questions: The judge and attorneys should use age-appropriate language and questions during the child’s testimony to ensure they understand the questions and can provide accurate responses.
- Flexible courtroom environment: The court may consider adjustments to the courtroom environment, such as allowing the child to sit in a comfortable chair or permitting the use of a small table instead of the witness stand, to create a less intimidating atmosphere.
- Testimony accommodations: Depending on the child’s age, emotional state, and the specific circumstances of the case, the court may consider alternative methods for obtaining the child’s testimony. This can include the use of closed-circuit television, videotaped depositions, or having the child’s statements relayed by a guardian ad litem or other professional.
- Limiting exposure to the opposing party: In situations where the child may be adversely affected by the presence of one or both parents, the court may take steps to minimize their direct exposure to the opposing party, such as utilizing a screen or allowing remote testimony.
By following these steps, the court aims to protect the child’s emotional well-being while still obtaining crucial information to make informed decisions in the family court case.
The Role of a Guardian Ad Litem
A guardian ad litem is a court-appointed representative who acts in the best interests of the child. Their role may include evaluating the child’s overall situation, interviewing relevant parties, and making recommendations to the court. In cases involving child testimony, a guardian ad litem may help determine if testifying is in the child’s best interest and provide support throughout the process.
Contact Remington & Dixon PLLC for Guidance
Navigating family court can be challenging and emotional, particularly in the rare times when child testimony may be involved. Contact an experienced family law attorney at Remington & Dixon PLLC in Charlotte for personalized guidance and representation in your family law matter.
Family Court Testimony FAQs
Who are the ideal witnesses for a child custody trial?
Neutral parties to bring in as witnesses include family, friends, doctors, and educators.
Can a child choose which parent to live with?
While a child’s preference may be considered, the court ultimately makes custody decisions based on the child’s best interests, taking multiple factors into account.
Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.