Divorces can be tough on couples as well as on the children of the marriage. The psychological and financial trauma it brings to couple’s life and their children can take a significant period to fade away. Oftentimes, the decision-making and parenting responsibility is disputed between parents in cases of divorce or separation.
This blog article is going to discuss the alternative ways to acquire child’s input in a divorce or separation case.
Can Your Child Testify During A Divorce Or Separation Case? The Answer Is “No”
One of the very frequent questions that we get from our clients is that whether they can involve their children for testimonial purposes in the court. Well, the simple answer to this question is no.
It is commonly noticed that children are usually kept out of the divorce and separation disputes because involving children in the disputes of the parents can negatively affect their stability factor.
It is pertinent to note that when children become a part of trial they will also have to undergo cross examination. This means that the child/children will be cross examined by the other parent or their lawyer.
There may be instances when children are old and sensible enough to give evidence but they might not be testifying as it is completely up to the court’s discretion. The court might not even allow competent children to testify because such testimony has the chances of sabotaging the children’s best interests.
This does not mean that children cannot give their views and preferences on how they wish to proceed to live with the parent of their choice. This is usually done at the stages of decision-making and parenting arrangements.
What Methods Can Save Children From Testifying In A Trial?
It is to be noted that children’s input can become a part of the divorce process without actually putting them on trial. These ways include but not limited to:
- Appointing a person who could accompany the child. Then, that person can become responsible for presenting child’s views and choices to the court. This gives the child an opportunity to express what they desire without getting actually involved. Preferably, this person should be family counsel as he/she knows the real tactics to preserve child’s best interest.
- Another option could be of appointing a parenting educator. As a child input is treated differently as compared to adults, therefore a parenting expert could better help the child in presenting their views.
- Similarly, Practice Note 8 is another but expensive way of ascertaining parent-child interactions. Here, parenting experts get in touch with children and other parties in the lives of the children that could anyway help in protecting the best interests of the children.
- Only under exceptional circumstances, the judge may directly inquire the child.
We Are Looking Forward To Meeting You!
It is always recommended to engage the services of a family lawyer as it can significantly escalate your chances of turning the case in your favor. Ayaz Mehdi Professional Corporation has family lawyers who can make your entire process of divorce or child access stress-free.
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