Children testifying?


#1

Can a 14 & 15 yr old be allowed to testify in a divorce hearing (IF needed)? They can collaborate that their mom is cohabitating with her boyfriend and can testify about intimate gestures (kissing, holding hands, etc)…plus the boyfriend staying at their home 99% of the time. There is already substantial proof that they were involved in an affair way PRIOR to the separation, but the husband wants to be extra sure of proving this affair (to prevent having to pay PSS or Alimony). The mom/wife is saying she does not have a boyfriend, that he has just been there for emotional support (a friend). The kids’ testimony can prove that they are “more than just friends”.

And lastly can the mother be subpoened to BRING the kids to court (since she will have them the week of trial)?

Thanks!


#2

The children, being of their age, should be able to testify. Children can be subpoenaed to trial, so long as they are competent to testify. Your ex, if she has custody, will have to bring them.