How to Get a Child's Testimony for Trial

Most courts will not allow children younger than the age of majority to give sworn evidence in the witness stand at a court trial. Children are protected against being exposed to such trauma. However, there are circumstances where a child's testimony is crucial, and so the law has arranged several ways for children to be heard without actually being present. Here are a few suggestions of how to get a child's testimony into a trial.

Difficulty: Moderate

Instructions

1. If the child is between pre-teenage and the age of majority, you can retain a children's lawyer to represent them (the age is up to the discretion of the lawyer). Whatever the child relays to that lawyer can be presented by the lawyer to the court in a trial. The child would not be present in the courtroom but what they say could be presented to the court through the lawyer.

2. For younger children, a social worker or childcare worker could be appointed and that person could be sworn in as a witness in a court proceeding. The worker would submit documented progress reports including things said, done or observed as testimony on behalf of the child.

3. Get a supporting witness on the stand who will give sworn testimony of actions or reactions of the child or children under different related circumstances. This witness could be a school teacher, caregiver or relative; somebody who has first-hand knowledge of the circumstances that involve the child.

4. Have the guardian or godparent(s) of the child get on the stand and give sworn testimony that relates to events or circumstances involving the child in relation to the issue being tried.