Childrens' testimony

North Carolina Divorce Law Divorce and Separation Answers
1

There is no specific age where children are permitted to testify, it depends on the specific child. The age of the child affects the weight that the judge will give to their testimony.

Because your spouse was not a party to these conversations between you and your daughter, then these tapes are not admissible.

I do not know if the tapes between the two of you are admissible. In North Carolina they would be because only one party needs to consent to the recording, if the law is the same in Alabama then the tapes are legal. I do not know what the law in Alabama is.

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.

2

To briefly refresh, my children were taken to another state by their father without my knowledge or permission. They were returned to me and I have custody by signed and notarized agreement between the two of us. A custody trial is set to be heard soon. I understand that I am not allowed to tell of anything that happened to them while they were in Alabama (which was TERRIBLE!)and, should he win custody, will probably happen again. My eldest daughter (who is 10) very much wants to tell what happened. She has asked to testify. BTW, she knows what is going on because her father told her about the custody suit. He had made some tape recordings of our (mine and my daughter’s) conversations while they were with him. She knew of this occuring and asked why he was doing this. He said something about having proof that he let me talk to her while he had them in case he had to “sue me in court” and explained for what. Also, I was served by Sheriff and my children were home at the time.

Here are my questions:

(1) Can she testify at her age (10) about the happenings in Alabama (or anything else for that matter)?
(2) Aren’t these tapes illegal to make and is there anything I can do about him having them? Can I say that he did this or has the tapes?Can I request to be given them or have them destroyed? Can he, or I, use them in court?
(3) Further, he made tape recordings of mine and his conversations, as well. One of these tapes I found in his truck. Other times, he would put me on speakerphone and allow others to listen in to our conversations.

Advice please?

Thanks for all you do!! You are an answer to prayer (literally) for those of us who cannot afford representation.