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.
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∙ 2011-01-28 15:56:5713
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.
Laws vary from state to state. Generally, the judges decision rules on a case by case basis.To provide trustworthy evidence to courts, the legal system requires that all witnesses who testify in court must be competent. When the witness is a child, the judge or attorneys may question the child in what is known as a voir dire process. The purpose of this process is to ascertain that the child:knows the difference between truth and lies;is prepared to testify truthfully; andis capable of observing, remembering, and verbally describing events.Once the judge has determined the child's competency, that child may testify regardless of his/her age.
No. Only the Respondent has a right to represent himself in the Family Court. A family member can only give a petition in the court for adjournment in case of sickness.
You receive a final judgment from Family Court on what is owed, after the child has aged out, than file in Civil Court.
13
Refer to rsmo 491
Generally they do not. Their interests are represent by a guardian ad litem.
Age 10
16
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.
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
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.
It mainly depends on the child's actual condition and how old they are.
Rules in Family Court are looser than in criminal courts where the minimum "age of reason" is usually about 7 years of age. Family Court judges customarily try to keep the affected children out of court actions altogether since they don't want them being used as "pawns" in the parents battles. However the decision to call them, and to how much 'weight' to give to their testimony, lies completely with the presiding judge.
Rules in Family Court are looser than in criminal courts and the minimum "age of reason" is usually set at about 7 years of age. Family Court judges customarily try to keep the affected children out of court actions altogether since they don't want them being used as "pawns" in the parents battles. However the decision to call them for testimony, and how much 'weight' to give to their testimony or desires, lies completely with the presiding judge.
He should file a petition at the family court where the child resides.He should file a petition at the family court where the child resides.He should file a petition at the family court where the child resides.He should file a petition at the family court where the child resides.