Can the Court ask My Child to Give Evidence?
It will only be in very exceptional circumstances that a child is asked to come to Court to present evidence, and the Court’s checklist for this depend on your child’s:
- Wishes and feelings
- Level of understanding
There’s no set age at which children can give evidence in Family Court in England and Wales, or any hard and fast rules for if/when this will be needed.
Brangelina’s Five Year Custody Battle and Children in Court
In the latest headlines, Brad Pitt has been granted joint custody of his and Angelina Jolie’s children after a five-year battle in Court.
It’s been reported that Jolie’s legal team felt that the Judge ‘failed to adequately consider’ the children’s ‘input as to their experience, needs, or wishes’, which violates the United States’ legal code allowing minors aged 14-17 years old to testify.
While there are no set age limits on children submitting evidence in the Family Courts in England and Wales, it is up to the Judge working on your case if they choose not to let children testify.
And where children don’t give evidence, many parents can relate to the feeling of that their children’s wishes and feelings haven’t been properly considered in Family Court.