CAN A MINOR CHILD TESTIFY IN FLORIDA?
A minor child can testify in a Florida family law case if the court enters an order approving the child’s attendance at a hearing and their testimony. Without a court order, a minor child cannot (a) be deposed or attend a deposition, (b) subpoenaed to attend a hearing, or (c) testify in a family law proceeding.
HOW CAN A MINOR CHILD TESTIFY IN COURT
A Motion for Testimony and Attendance of Minor Child at Hearings must be filed and the motion must establish good cause for allowing a child to participate in any proceeding. The court must grant the motion before a minor child can appear at a hearing and testify. If the judge approves the motion, he or she will typically hold a private in-camera proceeding in the judge’s chambers. This proceeding will not include the parties and will be held with only the judge, court reporter, and the child being present.
FACTORS THE JUDGE WILL CONSIDER
Some of the factors the judge will consider when deciding whether to allow a minor child to attend hearings and offer testimony are (a) the child’s age, (b) the nature of the court proceeding, (c) the child’s relationship to the parties, (d) whether giving testimony will be traumatic to the child and (e) whether any other options are available.
An older child will have a greater chance of being allowed to appear at a hearing and testify because they will have a better understanding of the difference between the truth and a lie and will less likely be traumatized by the proceeding.
If you need strong, experienced counsel to represent your interests regarding a child’s testimony in Florida, please feel free to call or e-mail The Fuller Firm, LLC. I will schedule a free telephone or videoconference consultation. After a thorough analysis of your case, I will answer your questions and advise you regarding the best way to proceed.