Can My Child Testify in Court in Illinois?

April 11th, 2024 by Tiffany Hughes

In legal proceedings, such as a divorce in Illinois or in custody cases, the testimony of children can play a crucial role in determining certain portions of a case. However, for the majority of the time, Court’s steer far far away from ever having a child step into a court room more or less testify in Court.

Can My Child Testify in Court in Illinois?

If a Court does decide to have a child testify in court, there are specific considerations and protections in place to ensure their well-being and the reliability of their testimony. In the State of Illinois, like in many other jurisdictions, there are laws and guidelines governing the participation of children in court proceedings, including children in divorce proceedings.

Illinois Law and Testimony by Children

Under Illinois law, there are child witness qualifications. However, for children in divorce proceedings and custody cases, there is no specific minimum age requirement for a child to testify in court. Instead, the determination of whether a child is competent to testify is left to the discretion of the Judge. The judge will assess the child’s ability to understand the difference between truth and falsehood and their capacity to accurately recount events.

Factors Considered by the Court

Several factors are considered by the court when determining the competency of a child witness. These factors may include:

1. Age and Maturity: While there is no minimum age, younger children may have difficulty comprehending the legal process and may be more susceptible to suggestion or influence. Older children who demonstrate maturity and understanding may be more likely to be deemed competent.
2. Ability to Communicate: The child’s ability to communicate effectively is essential. They should be able to express themselves clearly and coherently.
3. Understanding of Oath: The child must understand the importance of telling the truth while under oath and the consequences of lying.
4. Potential for Trauma: The court will also consider whether testifying may cause emotional harm or trauma to the child.

What measures are put in place to protect my child while testifying in Court?

In Illinois, there are measures in place to protect child witnesses during their testimony. These protections aim to minimize any potential trauma or intimidation the child may experience while participating in court proceedings. Some of these protections include:

1. Support Person(s): The court may permit a support person, such as a trusted adult or therapist, to accompany the child while they testify to provide emotional support.
2. Special Procedures: In cases involving child witnesses, the court may adopt special procedures to ensure the comfort and well-being of the child. This may include allowing breaks during testimony or limiting the length of questioning.
3. In Illinois, the Judge is the one who questions the child, as opposed to a parent or an attorney. The parents are only allowed to observe, and prohibited from intervening. The Judge’s goal is to mitigate the involvement of the child in parental matters as much as possible.

What is the most common way for children in divorce proceedings and custody cases to testify in Court?

In custody cases or in cases involving children in divorce proceedings, children can testify in court, but they rarely ever do. Why is that so? Well, if a Judge wants to hear from the child the Judge often appoints a Child Representative or a Guardian Ad Litem to represent the child. This is one way in protecting children in court proceedings. If the Judge wants to hear from the child directly, then the Judge can order an “in camera” hearing with the child where the Judge can directly speak with the child and ask the child questions. This is usually conducted outside of the Courtroom. Prior to having minors in Court testify, the child’s competency to testify, including the child witness qualifications, are determined by the judge based on various factors as mentioned herein.

Children in custody cases and children in divorce proceedings are protected by the Court. The court takes serious measures to protect child witnesses and minimize any potential trauma they may experience during the legal process, including strictly limiting and avoiding the need for children to testify. While involving a child in court proceedings can be a very sensitive matter, in very limited situations it’s the best way to ensure the child’s best interests in custody cases.

Need More Information or Representation?

If you or the other party want your children to testify, if you are filing for a divorce with children, or need legal representation in your custody battle, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation if you have a divorce in Illinois, children in divorce proceedings, protecting children in court proceedings, settling and litigating custody cases and helping explain child witness qualifications and all complex matters relating to divorces and custody cases.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.