California Supreme Court clarifies use of testimony by young children

The California Supreme Court decided unanimously Thursday that a father should not have been removed from his home based on his 3-year-old daughter's claim that he had molested her.

In a ruling written by Justice Leondra Kruger, the justices said a juvenile court judge should not base a decision on the accuracy of statements by a child too young to testify unless the youngster's claims bear "special indicia of reliability."

More >> California Supreme Court clarifies use of testimony by young children

A courthouse to allow child witnesses to depose without fear

A courthouse to allow child witnesses to depose without fear


A special courtroom to record testimonies of child witnesses without putting them through a rigorous and formal process was inaugurated in Karkardooma Court on Sunday.

11-Yr-old forced to testify against mother

11-Yr-old forced to testify against mother


The evidence produced by an 11-year-old boy, who testified in the trial against his mother, Noluthando Nomavayi, who is accused of burning his younger brother to death, may be set aside, said Judge Vincent Saldanha in the Cape High Court today.

Calling Children As Witnesses

Children’s Aid Society of Ottawa v. M. (E.S.)

Though we rarely blog about child protection cases, the matter of Children’s Aid Society of Ottawa v. M. (E.S.) raised an interesting issue that sometimes arises in cases outside the “child protection” realm.  The issue is whether a parent should be permitted to call his child as a witness at trial.  In this instance, however, the father wanted to call his stepson.  The matter was heard by Justice de Sousa whose judgment was released April 19, 2011.

Expert testifies that abused children's behavior varies

Expert testifies that abused children's behavior varies

Dr. Philip Esplin, a forensic psychologist specializing in techniques for interviewing children involved in sex crimes, testified Friday in the trial of Douglas Dishon, a former Dewey businessman who faces child abuse and molestation charges over incidents that allegedly occurred between 1989 and 1994 - charges to which Dishon, 61, has pleaded not guilty.

The Complexities Of A Testimony From A Child Could Outweigh The Benefits In A Divorce Case

The Complexities Of A Testimony From A Child Could Outweigh The Benefits In A Divorce Case

In 2011, almost half of all kids in America live in divorced or separated families. When parents go through a divorce, many of them ask if their child or children can testify or speak to the judge as part of their child custody case. In Florida, a family law judge can weigh the preferences of the child when it comes to timesharing or parenting plans, as the best interests of the child are mostly focused on.

Children Giving Evidence In Court

This is something I found in an article directory.

Children Giving Evidence In Court

Copyright (c) 2010 Gary Storer

The traditional rules were that children did not have to give oral evidence in court in family proceedings. However, this rule has recently been challenged and reviewed in the Supreme Court. It is worth understanding and considering what the court has said to determine whether your children will have to give evidence.

The Old Presumption Regarding Evidence In Court.

There was a presumption against children giving evidence in family proceedings. This was on the basis that there could be grave damage or further damage to a child if subjected to the trauma of questioning by a stranger who’s task was to attack his or her truthfulness. This generally concerned supremely sensitive areas of sexual matters. Therefore children were unlikely to be asked to give oral evidence in court on the basis that it would harm or upset them.

However, a new case has recently revisited this common presumption and looked at whether it should continue.

The Current View On Children Giving Evidence In Court.

In a recent case Re: W (abuse: oral evidence) 2010 UKSC 12, (2010) 2 FLR the Court was asked to reverse a decision by the Court of Appeal dismissing a father’s appeal against a decision by a County Court Judge to refuse his application for his 14 year old step daughter to give live evidence in care proceedings. The Supreme Court found that the presumption against children giving evidence in family proceedings could not be reconciled with the approach of the European Court of Human Rights which aims to strike a fair balance between competing convention rights. The Supreme Court determined that there must be a new approach and whilst there are undoubtedly disadvantages to children giving live evidence in Court there are potentially some advantages. A child, particularly an older child may not only be willing to give evidence but express the wish to have his or her voice heard by the Court. Furthermore if the family Court hearing takes place before any criminal trial experience giving evidence within the family jurisdiction may remove or at least reduce some of the understandable fear that a child will have surrounding the giving of evidence within the family Court when having to give evidence within the criminal jurisdiction.

Summary.

Whereas it used to be the case that children were very unlikely to be asked to give evidence in court, clearly this has now changed. There may be occasions when children are now asked to give evidence. There will have to be a balancing of the interests of everyone involved in the case, so if, for example, a mother believes the child's evidence is vital, the child may be asked to provide oral evidence. It will be up to the court to decide on each occasion.

Need Family Solicitors Birmingham? If you are looking for friendly and approachable Birmingham Solicitors, we can help you. Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.

Cases can prove hard to charge because child is unable to testify

Cases can prove hard to charge because child is unable to testify

At least two cases involving shaken babies remain unsolved in Washoe County, mainly because they're the toughest kind to prove.

Martha Coakley and Modern Witch Hunting - Ritual Child Sexual Abuse

Martha Coakley and Modern Witch Hunting - Ritual Child Sexual Abuse

Whenever we think of ourselves as a highly civilized society, keep in mind the Fells Acres Day Care Ritual Sexual Abuse Case. Martha Coakley, Massachusetts Attorney General, is running in the special election to replace Senator Ted Kennedy. Before she became AG, Coakley participated in the Fells Acres case, for which the Middlesex County DA's office convicted three members of the Amirault family - mother, daughter, and son Gerald.

Garfield County system assists testifying children

Garfield County system assists testifying children

Local courts soon may have a new way for abused children to testify in court.