How To Get Your Child’s Voice Heard In Court

In many family law cases, clients ask how to get their child’s voice heard in court. There is no denying that children of all ages have their own opinions. Sometimes children form their opinions based upon what they learn or hear from adults. Sometimes children generate their own opinions of certain situations. This often depends on their age and level of maturity. The Court is aware that in family law related matters, children will oftentimes have an opinion as to who they want to reside with, how often they want to see a parent, what they like and what they don’t like. There are methods the Court will use to try and elicit the children’s opinions at times, depending upon the circumstances. How the Court will elicit these opinions and how much weight and credibility the Court will give to these opinions is often circumstantial.

2 Methods to Get your Child’s Voice Heard in Court

1. The In Camera Interview

This interview typically happens in the Judge’s chambers and is used to assist the Court in making a ruling. For example, an In Camera might be appropriate where the parents are saying two different things happened and the GAL has a different version of the facts, and the Court wants to hear directly from the child. An In Camera Interview may be an appropriate way to elicit the testimony of a child in a hearing without putting them into the courtroom in front of their parents and forcing them to “take sides”, which could not go well. The reason it works better in chambers is because children often won’t be honest if both parties or one parent is present; they usually don’t want to take sides and they’d be too afraid of hurting one parent or angering a parent, or both.

2. Guardian Ad Litem’s Opinion Represent the Child’s Best Interest to the Court

These are two different ways to have a child’s opinions brought before a Judge in a family law case. If you believe your child’s voice should be heard before the court, you can do by filing a motion seeking any of the above remedies must be done properly, via a motion.

If you you have a situation where you need to be sure your child’s voice is heard in court, be sure to seek experience legal advice. Feel free to contact our office today to schedule a confidential consultation that you can trust.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/family-law/get-childs-voice-heard-court/

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!