Many people who are in the middle of a New Jersey divorce or custody battle will ask whether their kids can be called to testify in court. After all, the reasoning goes, the kids know how each parent is treating them, and why should we try to piece together evidence from witnesses, when the most direct witness to the events of everyday life—the kids—are right there, ready to answer questions?
But calling kids to testify in a contested custody dispute, or worse, in cases where there are allegations of abuse, can be fraught with problems.
Should Kids Testify?
Before asking whether kids can testify, you should ask whether you want them to do so. Just because your child is telling you how horrible mom or dad is, does not mean the child will be willing to do so in court, or that the child’s testimony will match up to what he or she has been telling you.
Kids get scared in court. They may be scared of the parent against whom they will be testifying. They may feel like they are doing something wrong. Do not assume that your child will always be a favorable witness for you, or that your child will readily and accurately convey the events of life to the court.
There is also the chance that the judge will not look kindly on you if you are asking for the child to testify because you may be seen as the parent who is dragging the kids into the fight between you and the other parent.
Can a Child Legally Testify?
Whether or not a child can legally testify is determined on a case by case basis. When determining if a child can testify, a court will consider the child’s age and maturity, and the events that are being relayed by the child.
Generally, the older the child is, the more likely it is the judge will allow him or her to testify. But a judge has to be convinced that the child is mature enough to tell the truth, and to handle the stress of testifying for or against the parents.
Violence and Abuse Cases
When there is violence involved, it may be less likely that the child will be called to testify.
Understandably, violence situations between parents can be traumatic for a child, and the child is now accusing a parent of something serious. True or not, it creates a stressful situation for the child that a court may prefer to avoid. This is especially true because in many cases, abuse can be proved without a child’s testimony; witnesses or physical signs of violence may be sufficient to prove violence.
Contact our New Jersey Real Estate attorneys at The Law Office of Agnes Rybar LLC for help today if you have a custody or timesharing legal problem in your New Jersey
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