Childrens' testimony


#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

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#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.