When it comes to child custody proceedings, parents often want to keep their children out of it. However, some want their children’s voices to be heard. Also, some children want to testify in child custody proceedings. In such cases, parents find themselves wondering whether a child can testify during custody proceedings. This article discusses the law regarding child testimony in child custody cases in New Jersey.
What Does New Jersey Law Say About Children Testifying in Child Custody Cases?
In New Jersey, there is no law that bars children from testifying in child custody cases. Usually, it is up to the judge to decide whether a child can testify in a child custody proceeding. This is not a decision that family courts take lightly. In fact, most family courts prefer to keep children out of child custody proceedings. If there are alternative means of gathering the information, the court will likely lean towards not allowing the child to testify. Testifying in court can have a significant mental or emotional impact on children. Family law courts shy away from allowing children to testify in child custody cases due to the adverse effects it can have on children’s mental and emotional health.
Whether or not a child is allowed to testify in a New Jersey child custody proceeding is based on the child’s best interests. Before deciding whether to allow a child to testify, the judge will consider the child’s intelligence, maturity, and ability to reason.
Is There a Specific Age That Qualifies a Child to Testify?
A common question is whether there is a specific age that qualifies a child to testify. New Jersey doesn’t provide a particular age that qualifies a child to testify in family court. In other words, judges don’t use a “magic number” to determine if a child is of reasonable intelligence and maturity to testify. But, generally, the older a child is, the greater the likelihood they will be allowed to testify. However, judges understand that intelligence and maturity do not always come with age. For example, one 14-year-old may be equipped to answer difficult questions and understand the impact their answers might have, whereas another 14-year-old may not be equipped to answer difficult questions or understand the impact their answers might have.
Procedures for Children Testifying in Court
Under New Jersey Rule 5:8-6, if the court decides that a child can testify, it may conduct an in-camera interview with the child. If the court decides to conduct an in-camera interview, both sides should be allowed to submit questions for the court’s use during the interview. If the court does not ask some questions, it is required to give reasons for not asking them.
Deciding whether your child should be called to testify is not a decision you should take lightly. One of the main factors to consider when considering this decision is the necessity of your child’s testimony. For instance, if you and the other parent have different accounts of crucial events, and your child is the only witness who can set the record straight, it may be necessary to allow them to testify.
Contact a New Jersey Family Lawyer
If you’re in the middle of a child custody proceeding and have questions regarding your child testifying in your case, contact a New Jersey family law attorney at The Trabosh Law Firm for legal guidance.