QUESTION
Can a child under the age of 12 testify against a parent if there is no abuse involved?
Asked on Jan 30th, 2013 on Child Custody - Arizona
More details to this question:
My boyfriend has joint custody of his two kids that are under the age of 12. He has them a week and she has them a week. His ex is trying to get them to go against him in court and be a witness about him drinking and driving while he has them which is not true. Can they do that and with them having joint custody can they talk to a lawyer without him knowing?
9 ANSWERS
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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The court will take precautions. Likely the children will be talking to the mediator as opposed to the judge. Still, involving children in family law disputes is never good for the children. See if mom would agree to put the children in counseling and release the privilege so that the children can stay out of the action altogether.
Answered on Feb 04th, 2013 at 6:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on their actual age and maturity they could be interviewed by the judge. It is also possible they could speak with mother and her attorney during her parenting tie just as they can speak with dad and his attorney during his parenting time. However, it is my strongest opinion that placing the children at their age into an interview with one parent and their attorney only is NOT desireable, regardless of the fact it may be "legal".
Answered on Feb 01st, 2013 at 7:02 PM
John Arthur Smitten
Kids can testify as a fact witness, not to give their opinion as to who they want to live with.
Answered on Feb 01st, 2013 at 7:01 PM
Divorce Attorney serving Winter Garden, FL
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Jeffrey A. Conner
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Before the children can testify in Court, a motion must be filed and a hearing conducted by the Judge and the Judge determines if the children will testify. Otherwise the children are not to even be brought to the courthouse. Judges prefer that children not be involved in litigation between the parents. There is, however, no specific prohibition for the children to speak to the Mother's attorney.
Answered on Feb 01st, 2013 at 6:52 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Courts frown upon children testifying but you can request the Judge interview the child.
Answered on Feb 01st, 2013 at 6:51 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Children can talk to a lawyer at any age. (Incidentally, there is no legal significance whatsoever to being under or over the age of 12. Persons under the age of 18 are minors - "children" in the eyes of the law). That being said, courts generally DO NOT accept written statements or testimony offered on behalf of minor children. In Washington, there are court rules prohibiting it; and Judges distain involving children in court proceedings.
Answered on Feb 01st, 2013 at 6:43 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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All depends on whether the judge will allow children under 12 to testify.
Answered on Feb 01st, 2013 at 6:40 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Your boyfriend needs to meet with a family law attorney . This is very dangerous for him, and he needs professional guidance to get out of it.
Answered on Feb 01st, 2013 at 6:38 PM
The court will not permit the children to testify against a parent in a family court proceeding. There are situations where the court might agree for children to be interviewed, usually by a counselor who works for the court, but it depends on the age of the children and whether the court believes it would be contrary to their best interests to become so "directly involved" in the dispute.
Answered on Feb 01st, 2013 at 6:37 PM