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The document provides instructions for using Florida Supreme Court Approved Family Law Form 12.944(a), which is a motion to request the court's authorization for the testimony and attendance of minor children in legal proceedings. It outlines when the form should be used, the process for filing it, requirements for electronic filing and service, and additional notes regarding assistance from nonlawyers. The form must be completed and filed with the circuit court, and copies must be provided to all parties involved.

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How accurate are witness testimonies?

Eyewitnesses can provide very compelling legal testimony, but rather than recording experiences flawlessly, their memories are susceptible to a variety of errors and biases. They (like the rest of us) can make errors in remembering specific details and can even remember whole events that did not actually happen.

How reliable is the testimony of a child witness?

Generally speaking, children are about as reliable as adults in reporting events they have actually perceived or experienced. However, a young child is, in certain respects, more vulnerable to suggestion than an adult and more liable to confuse memory of fact with memory of fantasy.

Why children should not testify in court?

The Childs Testimony may be Unpredictable When a child is put into a legal setting and asked to provide damaging evidence against one parent or another, the results are often unpredictable. This is true even when the child assures his parent that he or she will testify a certain way.

What is a motion for child testimony in Florida?

A Motion for Testimony and Attendance of Minor Child at Hearings must be filed and the motion must establish good cause for allowing a child to participate in any proceeding. The court must grant the motion before a minor child can appear at a hearing and testify.

What not to say during custody battle?

While any valid concerns, such as substance abuse, abusive or violent behavior, or illegal conduct should be raised, petty complaints and rants about past behavior should be avoided.

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Why is childrens eyewitness testimony particularly susceptible to error?

In children, memory capacity, source monitoring, and language development are limited because their brains are not yet mature. These limitations enhance the effect of retroactive interference on the accuracy of a childs eyewitness testimony.

How unreliable is witness testimony?

Studies have shown that mistaken eyewitness testimony accounts for about half of all wrongful convictions. Researchers at Ohio State University examined hundreds of wrongful convictions and determined that roughly 52 percent of the errors resulted from eyewitness mistakes.

How reliable is child eyewitness testimony?

Getting child witnesses to tell their stories Typically, police begin a forensic interview by asking witnesses, including children, to freely recall everything they remember about the event. During this stage of the interview, even young children can be just as accurate as adults, but they often miss many details.