Children should never feel like they have to choose between their parents, but in some family court cases, their voices matter. Judges want to make decisions that protect a child’s well-being, and sometimes, hearing directly from the child helps them do that. Whether in custody disputes or situations involving abuse, courts take steps to gather a child’s input in a way that feels safe and appropriate. If your child is called to testify, you may feel anxious about how to prepare them. Knowing what to expect can make the process less stressful for both of you.
When Is Child Testimony Necessary?
Courts try to protect children from the emotional toll of legal disputes, but there are situations where their testimony is needed. A judge may decide to hear directly from a child to better understand their home environment, relationships, and overall well-being. While child testimony is not common, it may be considered in the following cases:
- Custody disputes: A child’s preference may be taken into account, especially if they are older and mature enough to express their wishes. Judges weigh this preference alongside other factors, such as each parent’s ability to provide a stable home.
- Domestic violence and abuse cases: If a child has witnessed abuse, their account may be important in determining custody, visitation, or protective orders. Courts take extra precautions to ensure the child is not retraumatized during the process.
- Parental neglect or unfitness: Testimony may be necessary when there are concerns about a parent’s ability to provide proper care due to substance abuse, abandonment, or unsafe living conditions.
- Dependency hearings: In cases where the state is involved in removing a child from their home, their perspective can provide insight into their experiences.
To reduce stress, courts often use private interviews, recorded statements, or guardian ad litem reports instead of traditional courtroom testimony.
How Courts Protect Children During Testimony
Judges and attorneys understand that testifying can be stressful for children, especially in family court cases. To protect their well-being, courts take steps to ensure the process is as comfortable as possible. In many cases, judges avoid placing children on the witness stand in a traditional courtroom setting. Instead, courts offer alternative arrangements, such as:
- Private judge interviews: The judge speaks with the child in their chambers without parents present to reduce pressure.
- Testimony through a guardian ad litem: A court-appointed advocate interviews the child and reports their statements to the court.
- Video or recorded testimony: In some cases, children provide their testimony through video recordings to avoid appearing in court.
- Closed courtrooms: When in-person testimony is necessary, the court may restrict attendance to minimize stress.
These measures help ensure that a child’s voice is heard while protecting them from unnecessary emotional distress.
How to Prepare Your Child for Testimony
If your child is asked to testify in family court, it’s natural to feel worried about how the experience will affect them. The best way to help is by offering reassurance and preparing them for what to expect.
Start by having an open and honest conversation. Let your child know that they should tell the truth and that it’s okay to be nervous. Avoid coaching them on what to say—judges can usually tell when a child has been influenced, which can hurt the case. Instead, focus on helping them feel comfortable expressing their thoughts.
- Explain the process in simple terms. Use age-appropriate language to describe what will happen, who will be in the room, and why their input matters.
- Practice answering questions. Role-playing common questions can help your child feel more prepared. Encourage them to take their time when responding.
- Reassure them that they are not responsible for the outcome. Let them know the judge makes the decisions, not them.
- Consider professional support. A therapist or child psychologist can help your child process their emotions and feel more comfortable sharing their thoughts.
By preparing them in a supportive way, you can help reduce anxiety and ensure they feel safe during the process.
Supporting Your Child Through the Legal Process
Testifying in family court can be difficult for a child, but with the right support, they can get through it with confidence. At Central Justice, we can guide you through the process and help protect your child’s well-being. Contact us today to discuss your case and explore your options.
