Get the up-to-date Florida Supreme Court Approved Family Law Form 12.944(a), Motion for Testimony and Attendance of Minor Child(ren). Florida Supreme Court Approved Family Law Form 12.944(a) 2024 now

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Florida Supreme Court Approved Family Law Form 12.944(a), Motion for Testimony and Attendance of Minor Child(ren). Florida Supreme Court Approved Family Law Form 12.944(a) Preview on Page 1

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In Florida, children can testify in court when they are \u201cof sufficient age and maturity\u201d. No specific age is mentioned in the law. Children can testify at the discretion of the family court judge, based on an attorney's request. The judge rules on the request at a separate hearing.
Youth Justice and Criminal Evidence Act 1999 However, children under the age of 14 are not allowed to give sworn evidence \u2013 they will give their evidence unsworn. Where the child witness is above the age of 14, the court will decide whether they should take the oath and give sworn evidence.
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.
However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
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.
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There is no clear age at which children can give evidence in family court proceedings. Section 1(3) of the Children Act 1989 sets out a check-list of factors the court is required to take into account when making a decision which affects the welfare of a child.
Under Florida law (Florida Family Law Rules of Procedure 12.407), children are prohibited from testifying in family law cases\u2014including in custody proceedings and divorce proceedings\u2014unless a compelling reason has been presented.
Rule 12.410 - SUBPOENA [Effective October 1, 2022] (a) Subpoenas Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action.
The child may be allowed to testify from a place other than the witness chair. The witness chair or other place from which the child testifies may be turned to facilitate his testimony but the opposing party and his counsel must have a frontal or profile view of the child during the testimony of the child.
There is no clear age at which children can give evidence in family court proceedings. Section 1(3) of the Children Act 1989 sets out a check-list of factors the court is required to take into account when making a decision which affects the welfare of a child.

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