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As a general rule there is no threshold age for giving evidence. In other words, a child does not have to be a specific age to be deemed competent or below which they are deemed incompetent. The competence of a child to give evidence is for the court to assess on an individual basis. This competence hearing is known as a 'voire dire'.
In the past the test for competency for a child witness was whether the child understood the nature and consequences of the oath. Now that it is no longer necessary (in most common-law countries) for a child to take the oath before testifying, the test is rather whether the child understands the difference between telling the truth and lying, and the importance of telling the truth to the court.
Recently, there appears to be a shift from deciding a child's competence on the basis of reliability to deciding a child's competence on the basis of intelligibility. In other words, as long as the evidence of the child can be understood, it should be received, and thereafter the weight of that evidence can be assessed as a matter of fact. This is more in keeping with the approach taken with adults, which is appropriate, as the latest research shows that children are as competent as, and sometimes better than, adults in the witness box, as long as the children are properly interviewed and carefully questioned.
Neil van Dokkum.
Wiki User
∙ 14y ago
Wiki User
∙ 9y agoLaws vary from state to state. Generally, the judges decision rules on a case by case basis.
To provide trustworthy evidence to courts, the legal system requires that all witnesses who testify in court must be competent. When the witness is a child, the judge or attorneys may question the child in what is known as a voir dire process. The purpose of this process is to ascertain that the child:
- knows the difference between truth and lies;
- is prepared to testify truthfully; and
- is capable of observing, remembering, and verbally describing events.
Once the judge has determined the child's competency, that child may testify regardless of his/her age.
Wiki User
∙ 10y agoGenerally speaking, yes. Depending on the jurisdiction, it may be up to the judge to decide whether they can testify or not.
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What is the youngest age a child can testify in a Rhode Island family court?
No age definedThere is no legally mandated minimum age. The general guidelines a judge uses to determine if a child should be allowed to testify are: the ability of the child to understand what truth is and the importance of the telling the truth, and if the child is able to recall and relate events or thoughts clearly and specifically to the issue at hand.A child will not be allowed to testify against a parent when it is an issue of custody or other such domestic matters. If a child has witnessed domestic violence or been the victim of abuse it is done through video tape testimony or in a closed courtroom.
Can a 5 year old testify in family court?
Not without the permission of the court and without and over-riding reason for doing so. The legal "age of reason or understanding" is generally set at 7 years of age.
In Texas how do you change the last name of a minor child without the other parents consent or at what age can the child change their name?
The court will require notice to be given to the other parent if the child is a minor.The child can seek a name change on their own at age eighteen.The court will require notice to be given to the other parent if the child is a minor.The child can seek a name change on their own at age eighteen.The court will require notice to be given to the other parent if the child is a minor.The child can seek a name change on their own at age eighteen.The court will require notice to be given to the other parent if the child is a minor.The child can seek a name change on their own at age eighteen.
Can you supena a child on a protection order?
You would have to ask your attorney or the judge hearing the case their feeling on this issue. Depending on the child's age it MAY be possible but, realistically, most judges decline to have the children in contested actions appear to testify. The leading experts in the field are of the belief that seeing their parents in open conflict in court can damage or destroy the child/parent bond.
Can they use heresay when children under the age of 12 testify in court in Kentucky?
The concern is likely whether a child will be considered a competent witness in court, depending on age, rather than whether hearsay will be allowed. Generically, hearsay is not allowed unless there is some exception to the rule disallowing it, or an exemption. there are no exceptions or exemptions due to the declarent's age. It may be possible in some circumstances that if the child is older than 3, and they are the victim or a witness of a serious crime, they may very well be called as a witness. The appropriate hearsay objection would be when the child witness is asked what someone else said.
What is the youngest age a child can testify in an Arkansas court?
Age 10
What is the youngest age a child can testify in Missouri Family Court?
Refer to rsmo 491
What is the youngest age a child can testify in a Oklahoma family court?
a child in tribal custody has asked to speak with the judge of the tribe. Does the child have the right to do that?
Can a mentally unstable child testify in court?
It mainly depends on the child's actual condition and how old they are.
What if the father is late on paying child support and still want pay it?
you go to court and testify
Can a kid testify against their mom in court in a custody battle and what are good ways to testify for that?
In a custody hearing, witnesses don't testify "against" anybody. It may depend on the child's age as to whether the judge will even hear their input or not, and HE will ask the question to which he wishes you to respond. The judge is only concerned that the parent that gets primary custody is the parent that can provicde the best environment, support and upbringing for the child(ren) in question.
Must you testify if not subpoinaed?
if you are not called into court, you will not have to testify
what are the consequences of a minor child lying under oath?
A minor child is anyone under the age of 18. The considerations of a child of 17 would be quite different than for a child of five. The circumstances matter a great deal, too. Rarely are children involved in court proceedings. If a child is brought in to testify, the court tries to get some assurances that the child understands the difference between fact and fiction, truth and a lie.
How do you stop child support when the child is of age?
Visit the court that issued the order, bring proof of the child's age and request the order be terminated.Visit the court that issued the order, bring proof of the child's age and request the order be terminated.Visit the court that issued the order, bring proof of the child's age and request the order be terminated.Visit the court that issued the order, bring proof of the child's age and request the order be terminated.
What is the youngest age a child can testify in Louisiana?
They can't in a custody case. They are seen in chambers. see links
What is the age of when the court listens to a child?
The age is 8+ but the court sometimes starts at 7
What is the youngest age a child can testify in a Rhode Island family court?
No age definedThere is no legally mandated minimum age. The general guidelines a judge uses to determine if a child should be allowed to testify are: the ability of the child to understand what truth is and the importance of the telling the truth, and if the child is able to recall and relate events or thoughts clearly and specifically to the issue at hand.A child will not be allowed to testify against a parent when it is an issue of custody or other such domestic matters. If a child has witnessed domestic violence or been the victim of abuse it is done through video tape testimony or in a closed courtroom.
