Although I gather children can be called as a witness, surely they are going to be heavily biased to their parent of choice and the risk of false testimony is strong , making them an unreliable witness. Are there safeguards against this ?
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children as witnesses in fact finding
- Thread starter NewcastleBrownAle
- Start date
The government made the commitment that from the age of 10, children involved in all family court hearings in England and Wales will have access to judges to make their views and feelings known. Children and young people 10 and above must by law have their views heard before decisions are made about their future, and where decisions are made that will impact them. The age of 10 has been used to be consistent with other existing policy. It is actually the age of criminal responsibility for young people in England and Wales.
Ultimately, it shouldn't be about who they choose, but about their decision to have access to both parents in the face of one parent, unlawfully deciding the role and influence of the other. But in a fact finding hearing, they could be called to confirm allegations of domestic violence for example.
If they've been the victim of Parental Alienation in order to be coaxed into a sense of prejudice againt the other parent, that might come out in the hearing and put the alienator in a spot of serious bother.
I believe that conversations are had with the children at the centre of a parental dispute by professionals, away from their parents, in the run-up to hearings. Not only the actual hearing. So an alienator should not be able to control the situation.
I would be interested to hear from anyone whose been to court with their 10+ year old, as I'd like to prepare for what I know is going to be a rocky future!!
Ultimately, it shouldn't be about who they choose, but about their decision to have access to both parents in the face of one parent, unlawfully deciding the role and influence of the other. But in a fact finding hearing, they could be called to confirm allegations of domestic violence for example.
If they've been the victim of Parental Alienation in order to be coaxed into a sense of prejudice againt the other parent, that might come out in the hearing and put the alienator in a spot of serious bother.
I believe that conversations are had with the children at the centre of a parental dispute by professionals, away from their parents, in the run-up to hearings. Not only the actual hearing. So an alienator should not be able to control the situation.
I would be interested to hear from anyone whose been to court with their 10+ year old, as I'd like to prepare for what I know is going to be a rocky future!!
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I think it's extremely unlikely that a child would be called as a witness.
In my case, it would not be my child called as a witness, but the older sibling (who is not mine), who has a propensity to lie and make false allegations that even social services admit to. My ex is claiming I was violent towards her, which is not true, so clearly if she is called as a witness to that allegation, she is going to be coached and collude with my ex.
16 and the only time the police were called, was when she attacked me and I pushed her out the house and would not let her back in due to her violence and the attacks were serious ( tried to through hot oil over me, boiled saucepan over me, kitchen knife) police insisted I let her in, but I refused she ended up going to stay with a foster carer to calm down.
allegations are used as currency in this family. She alleged sexual assault at a restaurant and her mother negotiated free takeaways instead of going to the authorities.