16
13
Refer to rsmo 491
Generally they do not. Their interests are represent by a guardian ad litem.
Whether or not a child is allowed to testify in Family Court is not a matter of statute. It is entirely up to the discretion fo the presiding judge. Most (not all - but most) Family Court judges try their best to keep the children out of family court proceedings because it can't do anything but destroy their regards and respect for one, or the other, parent.
It mainly depends on the child's actual condition and how old they are.
Though a court will rarely talk to a child younger than 7, it is possible children as young as 5 or 6 can be talked to by the court. Children 10 and over are generally always heard in custody cases and are allowed to talk to the court about their preference. Whenever a child's preference is heard, it is in the absence of the parents. For more information, please see the related link
No age definedThere is no legally mandated minimum age. The general guidelines a judge uses to determine if a child should be allowed to testify are: the ability of the child to understand what truth is and the importance of the telling the truth, and if the child is able to recall and relate events or thoughts clearly and specifically to the issue at hand.A child will not be allowed to testify against a parent when it is an issue of custody or other such domestic matters. If a child has witnessed domestic violence or been the victim of abuse it is done through video tape testimony or in a closed courtroom.
you go to court and testify
a child is required to testify if they are called to court. A jusband and wife do not have to testify against each other, but there is no corresponding legal prohibition against childrem doing so. Most of the time MINOR children are not placed on the stand
if you are not called into court, you will not have to testify
Why put your child through that? It is a hard thing even for adults. If a decision is to be made, let the child talk with an independent third party to decide and then follow that decision. Sometimes the choice is painful. If it is a criminal case, it would make sense for the testimony to be video taped and then be done with it.