Should a parent bring a child to the courthouse?
There are two primary lines of thought on this issue.
The first group does not believe children benefit from seeing the inside of a courthouse. These folks routinely use custody evaluations to testify as to the expert’s findings regarding the child.
The second group does not believe that all children are harmed by testifying but agrees that at least some may suffer as a result. It is cheaper and faster to call the child to the stand rather than pay for an evaluator.
The most important question is: Who should decide that the testimony suits that child? Should it be the attorney him/herself (who may have all good intentions) but still represents the interests of one litigant? Should it be a judge who knows nothing about the child but what the litigants tell him/her? Should it be the child him/herself who may lack the capacity to foresee the fallout in personal relationships following the court appearance?
When parents realize that their child may be called as a witness during a custody or divorce case, they should strongly consider asking the court to appoint a child’s attorney. The child’s attorney will be in the best position to ensure that the child’s best interests are at the forefront of everyone’s mind throughout the process.
Judges with criminal backgrounds are more likely to allow children to testify. Judges with family law and juvenile backgrounds are more likely to be disturbed by a parent’s decision to call the child as a witness.
