Can Children Attend Court During Custody Hearings?

In custody hearings, the primary focus of the court is the best interests of the child. While children are typically not required to attend custody hearings, their presence may sometimes be necessary, depending on the circumstances. Courts are sensitive to the emotional impact that participation in these proceedings can have on children, and usually only allow their attendance if it is deemed essential for understanding the child’s preferences or needs.

Can Children Attend Court During Custody Hearings?

General Rule:

In most cases, children are not required to attend custody hearings. Courts recognize that court proceedings can be emotionally stressful for children, and generally, their participation is not considered necessary unless the court specifically requires it.

When Children May Attend:

Children may be allowed to attend a custody hearing if the court believes that hearing directly from the child will benefit the case. This is usually the case when the child is old enough to express their views in a way that is relevant to the custody decision. The court may consider the child’s preference, but only if the child is mature enough to make an informed statement.

Child Testimony:

In some instances, a judge may choose to interview the child in private or allow the child to testify in court, especially if the child is of an appropriate age and maturity level. This decision is made based on the child’s emotional capacity to handle the situation and whether their input will aid in determining what arrangement is in their best interests. Testimony from the child is generally considered more in cases of older children, typically over the age of 12, depending on the jurisdiction.

Private Interviews:

If the court determines that the child should be heard, it may conduct a private interview or in-camera session, where the child speaks to the judge alone, without the parents or attorneys present. This helps minimize the emotional stress and influence of the parents on the child’s statements.

Impact on the Child's Well-Being:

The court will always prioritize the child’s emotional well-being. If attending the court hearing would cause undue stress or trauma, the judge may choose not to allow the child to be present. In such cases, the child’s wishes or concerns may be communicated through a guardian ad litem (a court-appointed advocate for the child) or a child psychologist.

Role of a Guardian Ad Litem:

In some situations, a guardian ad litem may be appointed by the court to represent the child’s best interests. This individual can help convey the child’s needs and wishes to the court, often without requiring the child to be present during the proceedings.

Considerations for Younger Children:

Younger children, especially those under the age of 12, are rarely called to testify in custody cases. The court may rely on the testimony of parents, witnesses, and experts (such as child psychologists) to determine what is in the child’s best interests.

Example

A 10-year-old child is involved in a custody case where the parents are in dispute over custody arrangements. The child has expressed a clear preference for living with one parent, but the parents are concerned about the emotional impact of the child testifying. After discussing with child psychologists, the judge decides to meet with the child privately to understand their wishes without making the child testify in court. The child's preference is considered in the final custody decision, but their emotional well-being is protected.