I assume mom is trying to use the child against dad to get custody, right? I don’t agree with it but, I’ve heard in cases like that the Judge will take the child into his chambers to talk with him to make it easier on them, if he allows it. I don’t know what the legality of it is but I’ve seen Judges allow worse.
I don’t believe that the judge will allow the child to be in the courtroom at all during the hearing. If he is subpoenaed to be there, the judge will not make him take the stand in front of everyone. His testimony will be taken in the judges chambers with the lawyers and possibly a child advocate present, not the parents. Encourage him to tell the truth about whatever he is asked and not to be afraid that he is going to hurt mom or dad. The courts are concerned with how this will effect the child so they will do whatever necessary to protect the child from hearing damaging testimony about either parent.
From the FAQ’s file on this web site:
Will my child have to speak in court
Your child may not necessarily participate in the proceeding, even though his or her welfare is the focus of the proceeding. This is so because you, the judge and your lawyers may all agree that appearing in court might be unduly traumatic for your child; or, the child may be too young or fragile to understand what might be asked of him or her. Finally, because the status quo of the formerly intact family will not be sustained due to the dissolution of family ties, rules regarding the burden of proof and other rules of evidence may be relaxed in a custody trial. Thus, the process might even see the judge assuming a more inquisitorial role than usual.
Thanks for your reply, I hope the judge in this case will see what lengths this Mom will go to get her way and that she surely doesn’t have the best interest of the child in mind. My husband will direct our lawyer to ask the judge for Jacob not to be in the courtroom because this would cause emotional harm to Jacob. Please keep Jacob in your prayers.
quote:
Originally posted by stepmother
[br]I don’t believe that the judge will allow the child to be in the courtroom at all during the hearing. If he is subpoenaed to be there, the judge will not make him take the stand in front of everyone. His testimony will be taken in the judges chambers with the lawyers and possibly a child advocate present, not the parents. Encourage him to tell the truth about whatever he is asked and not to be afraid that he is going to hurt mom or dad. The courts are concerned with how this will effect the child so they will do whatever necessary to protect the child from hearing damaging testimony about either parent.From the FAQ’s file on this web site:
Will my child have to speak in court
Your child may not necessarily participate in the proceeding, even though his or her welfare is the focus of the proceeding. This is so because you, the judge and your lawyers may all agree that appearing in court might be unduly traumatic for your child; or, the child may be too young or fragile to understand what might be asked of him or her. Finally, because the status quo of the formerly intact family will not be sustained due to the dissolution of family ties, rules regarding the burden of proof and other rules of evidence may be relaxed in a custody trial. Thus, the process might even see the judge assuming a more inquisitorial role than usual.
What does anyone out there think of a mom having a subpoena issued for her 8 year old son to be in court during a custody hearing.
I am hoping that the judge in this case will not allow this to happen.
Loving Stepmom