What You Need to Know About Children Testifying at Custody Hearings in California
A child’s participation in family court is neither prohibited nor required. Here is what you need to know about whether or not children can testify at California custody hearings.
In California, a child may decide to address the court regarding their wishes. If it is in their best interests to do so, a judicial officer will consider other factors in allowing a child to testify; these factors may include the age of the child, the child’s understanding of court proceedings, whether the child will be harmed if the court denies the request, and if the testimony of the child would be relevant to the case at hand.
Related: What The “Child’s Best Interests” Mean in California Courts
Guidelines to Child Testimony
If the judicial officer decides that a child is allowed to testify in a custody hearing, there are certain guidelines the court must follow.
The court should acknowledge that the environment in which the testimony is given could influence the child; when parents or attorneys are present, it may prevent the child from giving an honest testimony that clearly communicates their wishes. Therefore, a court should consider these factors and create a comfortable environment for the child, whether that requires closing the courtroom to the public or having the child record their testimony in the judicial chambers.
The court must decide how the child will be questioned and who will question the child. A court must consider whether a child should be cross-examined, if attorneys or an expert in child development should question the child, etc. Many factors may contribute to the testimony of the child, so it is crucial that the court makes the correct decision for each individual case to allow the child to express their honest interests.
The court must ensure that the questions asked of the child are at the appropriate level for age and cognitive ability. The court must also allow, but not require, the child to state their custody preferences within their testimony.
Related: 7 Questions Asked At a Child Custody Hearing
Responsibilities of Court-Appointed Professionals Involved with Child Testimonies
Court-appointed professionals (which may include a child custody evaluator, a child custody recommending counselor, an investigator, or a mediator) who are involved in the process of questioning and cross-examining a child must:
- Discuss important information with the child at an age-appropriate level
- Allow but not require the child to state their preferences regarding custody and visitation rights
- Provide the parents of the child with information regarding the proceedings involved with child testimonies and how to best support their child throughout this process
Other Options for Children Who Have Been Denied to Give Their Testimony
The court may decide that testimony from the child is not required. In this case, the court may obtain information provided by the child in other ways:
- The child’s participation in child custody mediation
- Appointment of a child custody evaluator or investigator
- Information provided by a child custody recommending counselor
- Information provided from a child interview center or professional
If the court decides to follow through with one of these alternative options, this information or evidence must be:
- In writing and fully document the child’s views
- Describe the child’s input in great detail
- Be provided to the court by an individual who is available for testimony and cross-examination
- Be filed in a confidential portion of the family law file
These alternative options allow for the child’s interests to be considered by the court without testimony from the child.
Related: Child Custody FAQs in California
Contact Us
If you have any more questions about whether or not children can testify at California custody hearings, contact us. Get your free consultation with one of our California Child Custody Attorneys today!