Will a judge listen to my child?
Date created: Sat, Jul 31, 2021 10:30 PM
Date created: Sun, Aug 1, 2021 5:48 AM
A judge has the discretion to conduct an in-camera interview of the child. An in-camera interview is when the child meets with the judge. This meeting typically happens at court in the Judge’s lobby. In-camera interviews allow a judge to speak with the child directly regarding their wishes.
Date created: Sun, Aug 1, 2021 9:22 AM
If you have ever wondered whether a judge will listen to your child’s preferences about custody or visitation, you are not alone. There is a short answer: Yes, under certain circumstances.
Date created: Sun, Aug 1, 2021 5:37 PM
Although the Court Rules state that the decision to conduct an interview of a child in a custody proceeding rests within the discretion of the Trial Judge irrespective of the child’s age, it is clear that the age and maturity level of the child are critical factors the Court should consider in deciding whether to conduct in interview of the child.
Date created: Sun, Aug 1, 2021 11:08 PM
Posted in Divorce & Family Law. Divorcing parents often ask whether a judge listen to a child’s preference in a custody dispute. The answer is maybe – it depends on many factors, including the age of the child.
Date created: Mon, Aug 2, 2021 1:30 PM
Judges only see children in exceptional circumstances. That isn’t because judges don’t listen to children but because they don’t think court rooms are the best place for children. Instead a judge may order a report by an officer from the Children and Family Court Advisory and Support Service (CAFCASS). What is a CAFCASS report?
Date created: Tue, Aug 3, 2021 4:00 AM
The judge will typically see the child with the CAFCASS officer present. The judge is not permitted to take any evidence from the child, and the purpose is not so that the judge can independently ascertain their wishes and feelings. Instead, the aim is to ensure that the child fully understands the process and feels they are participating in it.
Date created: Tue, Aug 3, 2021 8:03 AM
Bringing a child into court? No, thank you. I prefer NOT to question and cross examine children on the witness stand. That is no place for a child. Talk about damage! The judge could also do what’s called an in camera interview with the child, meaning that the judge takes the child back into chambers and talks to him or her.
Date created: Tue, Aug 3, 2021 6:21 PM
Judges strongly favor keeping a child in an arrangement that the child is familiar with, such as allowing a child to remain in the same school or neighborhood. To that end, judges generally do not favor an arrangement in which one parent is denied access to the child or where visitation would be difficult.
Date created: Tue, Aug 3, 2021 9:49 PM
The judge may make child custody modifications if one parent has a history of domestic violence. The courts are concerned that the parent with a violent past may harm the child. This is true even if the parent has never harmed the child before. A history of domestic violence poses a danger to the child.
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