Children as Witnesses in the Family Court

lthough the author has assessed many children involved in litigation over custody and access for the Family Court, she has never seen a case where the child has had to testify in the Family Court. The Family Court does not allow children to be called as witnesses. The two central issues in the use of children in judicial proceedings concern the competency of children as witnesses and the emotional effects of testifying. The competency of children as witnesses will be briefly discussed with the major focus being on the emotional effects of testifying. Much has been written on the competency an