I don’t think it is ever a good idea for a child, of any age, to witness a trial between their parents unless it is absolutely necessary that they are called as a witness.
NO. NO. NO.
I agree with MAL. You think he’s confused now…the court process and all that legalese will only compound it. Please do not let it even be a choice.
My son just turned 14. I can relate to the whole what do I tell him concept. I made the mistake of not telling my son some of the details about going to court (past due child support). His father ended up getting arrested and my son heard about it while at school. While I understand that violent crimes are different than something like failure to support your child… I can offer just a little bit of advise. Be honest with your son… do not hide anything. You do not have to go into detail or degrade his father, but give him the facts over what COULD happen. Answer his questions honestly as you can. Do not be afraid to say “I don’t know” or “I really do not feel comfortable telling you that”. My son and I had a loooooong talk after the incident with his daddy being arrested… His only complaint was that I didn;t tell him what was going on. And since then I have kept him up to date on all the court dates and when his daddy has an order for arrest.
There is no correct legal opinion on this, in my personal opinion it is a terrible idea. Before considering this you should contact a mental health professional.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In my case, my ex will stop at nothing and did have his lawyer require me to produce my son at trial (he’s 13). However, the judge in my case does not care what my ex utilizes and gives the ex whatever he wants. My response from the attorney on here was that this was a common tactic employed. Now, it’s a “terrible idea”. Go figure. Waffle, waffle.
nowinsituation,
I believe when I responded to your question you had asked whether it was appropriate to bring children to court when the issue was custody of that child and a dispute between the parents. It is more common to bring children to court in that instance. The instance described by the poster was much a much different scenario than the one you previously described.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ex’s Superior Court Date is coming up. Facing felony charge of Assault by Strangulation against me. Our 13 y/o son has been told conflicting stories(by the ex husband)and very brief fact by me of the events. He is still very torn (has been to counseling) Would it be a good idea for him to attend the trial?