Child wants to speak to Judge

My daughter was made aware of the presnece of a judge in this matter shortly after she was placed in her Father’s custody in 2015. She asked why she was still there and I told her the judge thgouhg that she might be happier there to which she replied that she was not happy.

After the trial that awarded her Father permanent custody in July 2016, I explained to my daughter again that this is what the judge thought was best and, in a few years, if she still wanted to come back to Mommy’s house she could talk to the judge.

In December 2016 as the end of Christmas visitation approached my daughter begged me to let her talk to the judge because she did not want to go back to his house, I told her she was not ready yet and due to her Father’s ongoing malicious actions I did not see my daughter again for six months until on May 26, 2017. The first thing out of her mouth after we got out of his hearing was that she wanted to talk to the judge.

Coincidentally, a hearing has been scheduled for June 28, in which I am bringing new post trial evidence to the court and asking for a modification. I will presenting false statements her father made in emails about alleged injuries my daughter obtained during the May 26-29 visit and his attempt to file a protective order against me in his jurisdiction to suspend the June 10 visitation. The judge did not suspend this visitation and my daughter is with me in NC, which currently hold jurisdiction.

Father has since filed another Motion to dismiss my motion (his motion to dismiss was already dismissed once) and a motion to expedite change of jurisdiction, which prompted me to file an ex parte emergency custody motion - which will at least be reviewed by the date of the June 28 hearing…his motion to change jurisdiction seems to based on the fact that the behaviors and actions by him that are contentious and malicious toward my relationship with my child and her well being have taken place in his jurisdiction therefore he should be allowed to defend himself in his jurisdiction?

My daughter wants to speak to the judge at this hearing, she will be eight on July 25 and is very mature for her age. Do I just show up in court with her and tell the judge that she wants to speak to her or is there a more customary way of handling this. My daughter is only afraid to talk to the judge in front of her father, who claims he doesn’t plan to be there. Even if the judge denies this request I want it on record that I made it and it was denied for future proceedings as this whole proceeding has dismissed my daughters’ well-being and been beyond biased towards her Father who has a very tricky- sneaky attorney, while my counsel was instructed me to take the high road and was financially starved before withdrawing. What is the most respectable way to go about doing this - getting my daughter in front of the judge - relating to court procedure.

You can call your daughter to testify. Whether or not she will get to testify will depend on any objections from the other parent and will depend on the individual judge. Sometimes judges will not speak to minor children until they are at least pre-teens or teenagers. For the judges that do speak to children, sometimes the conversations will take place in judge’s chambers while sometimes the children will be called to testify and the judge will listen to their testimony.

Given your daughter’s young age, the judge may be more willing to read and consider a letter she has written to the judge rather than speaking to her directly (assuming the other parent consents to the judge reading the letter). You can still have your daughter in court with you and call her to testify, but I would suggest having another trusted adult with you (for childcare purposes) in case your daughter cannot testify and/or the judge requires that your daughter not be in the courtroom while your case is being heard.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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