Call us Today at (954) 880-1302

According to Florida Family Law Rules of Procedure 12.407, children cannot testify in a divorce case unless a judge has determined that their testimony is relevant and necessary to resolve the issues before the court:

No minor child shall be deposed or brought to a deposition, brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court based on good cause shown unless in an emergency situation. This provision shall not apply to uncontested adoption proceedings.

See: Florida Family Law Rules of Procedure Rule 12.407

And, in Talarico v. Talarico, 305 So.3d 601, the court stated:

In conducting these closed proceedings, tribunals are charged with striking a proper balance between two competing interests: the “due process rights of the parents to know and respond to evidence … and the privacy and best interests of the children.” Helen S.K. v. Samuel M.K., 288 P. 3d 463, 473 (Alaska 2012). Typically, this is achieved by simultaneously recording or later disclosing an appraisal of the proceedings. See Monteiro v. Monteiro, 55 So. 3d 686, 689 (Fla. 3d DCA 2011) (“[T]he trial court has inherent authority and discretion to protect a child witness … [Where a parent is] the subject of the minor children’s testimony … the only way to obtain the truth from the minor children is to conduct the interview outside [his or her] presence.”) (citation omitted); Fla. R. Juv. P. 8.625(c) (“The child may be examined by the court outside the presence of other parties under circumstances as provided by law. The court shall assure that the proceedings are recorded unless otherwise stipulated by the parties.”); Fla. Fam. L. R. 12.407(a) (“Unless otherwise provided by law or another rule of procedure, children who are witnesses, potential witnesses, or related to a family law case, are prohibited from being deposed or brought to a deposition, from being subpoenaed to appear at any family law proceeding, or from attending any family law proceedings without prior order of the court based on good cause shown.”).



Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 880-1302.

If you found this information helpful, please share this article and bookmark it for your future reference.