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Should children be allowed to testify in court?

Sometimes only the child really knows what happened between the parties because the child was a witness to the arguing or other conduct now denied.

It is a simple issue. Do we drag a child into the midst of the parents’ divorce? Can the child go to court and explain to the judge what happened, and thereafter have a relationship with both parents as if the child never testified? These are rhetorical (questions that do not need answers) questions.

Children must always be kept out of the middle of any litigation. Common sense for the parents must always be used. Just recently, a parent wanted the other parent to stop informing the child of the contents of letters sent from the lawyer. The Judge was presented an Order, but never heard any testimony. The following paragraphs speak for themselves. The Order read as follows:


  • Both parents acknowledge that it is detrimental to the children to communicate any information or issues regarding the pending post-dissolution litigation to the children.
  • Both parties agree that neither shall, directly or indirectly, communicate any information or issues regarding the pending litigation, to either of the minor children.
  • Both parties agree that each parent shall protect the children from the ongoing litigation as demonstrated by not discussing the litigation with the children, not sharing documents or electronic media related to the litigation with the children, and refraining from disparaging comments about the other parent and or the other parent’s significant other to the children.

 Broward Divorce Attorney

Please, do not encourage any attorney, even if they are willing, to have a child testify for or against either parent. Consult a psychologist experienced in children’s issues.

If your child’s future and welfare is your first priority, then do not damage their future with your litigation issues; keep your child out of the courtroom and your case.

If you are seeking the services of a Broward Divorce Attorney call Ben Farbstein at Phone (954) 962-5900 or visit

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