Florida Motion for Testimony and Attendance of Minor Children

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Rule 12.407, Florida Family Law Rules, provides that minor children may not be deposed (have their deposition taken), 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.
There is no age limit. The judge has to make important decisions about all children involved in the case and should get a chance to see them, talk to them, and listen to them.
Florida is like most other states in the union in that a child does not automatically gain the right to refuse visitation with a parent until they reach the age of majority, which is eighteen. A child must abide by all Court orders, regarding visitation, until that time.
You might assume a childs age is the primary determinant of whether or not a child should testify, however age is just a number. Most states do not have a limit on the age of a child that can be allowed to testify in court, California does.
ing to Florida law, minor children cannot testify in a family law proceeding. This means that children under the age of 18 are not allowed to take a stand and testify about their preferences for custody.
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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.
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a

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