On the Stand: Can Children Testify in New Jersey Divorce Cases?

Parents contemplating a New Jersey divorce may wonder whether their children may be called to testify during the proceedings. Technically speaking, children can testify in a New Jersey divorce case. However, the testimony of children is not akin to what adults do in a courtroom during marriage dissolution proceedings. Indeed, New Jersey courts do not permit the testimony of children unless obtaining evidence from them is deemed necessary to make decisions in the case.

Courts attempt to protect children from the inherent stress and emotional turmoil that come with the divorce process. The trauma of a public testimony can have long-lasting effects on a child's psychological well-being, hence the preference to avoid direct involvement. For this reason, alternatives to having a child sit on the stand and testify in public in court are utilized by courts in New Jersey divorce cases.

To gain a deeper understanding of the child's well-being and preferences, a child's therapist or a court-appointed child psychologist may be asked to testify. These professionals can provide an unbiased, expert assessment of the child's mental and emotional state, which can significantly influence the judge's decision.

The best interests of a child standard is what governs children in divorce proceedings. The best interests of the child standard is a legal principle used in family law to decide custody and visitation rights. It considers various factors to ensure the child's physical, emotional, and mental well-being. These factors can include the child's age, health, emotional ties with parents and siblings, the parents' ability to provide for the child's needs, and, in some cases, the child's own wishes.

These considerations do not mean that children are entirely excluded from the marriage dissolution process. A judge has the discretion to meet with a child privately in a less formal setting, known as "chambers". This provision is made to ensure that a child's sentiments and preferences are taken into account, in a more relaxed environment that encourages open communication.

For example during these private meetings in chambers, a child's preference on custody may be considered. While this is an important factor, it should be noted that it is not the only consideration. The judge will weigh this preference against other factors, such as the child's physical and emotional needs, the stability of each parent's home environment, and the ability of each parent to meet the child's needs.

The weight given to a child's preference varies depending on the child's age and maturity. Older and more mature children are believed to have a better understanding of their circumstances, and their views are therefore typically given more consideration in the judge's decision.

However, it's crucial to understand that the expressed wishes of children are not always followed. The primary goal of the court is to ensure the child's best interests, which might sometimes conflict with the child's stated preferences. The court will prioritize the child's long-term well-being over their immediate desires.

There are also cases where a Guardian ad Litem may be appointed by the court. This is an individual, often a lawyer, who is given the responsibility of representing the child's interests throughout the divorce proceedings. Their role is to ensure that the child's voice is heard and their rights are protected.

In order to further reduce the potential distress to the child, parents are often encouraged to resolve custody and visitation issues outside of court. Mediation or collaborative divorce processes can often be more beneficial for all parties involved, especially the children. These methods promote amicable agreements and reduce the adversarial nature of court proceedings, creating a less turbulent environment for the child.

Finally, mediation may be a way in which child testimony can be avoided in a New Jersey marriage dissolution case. The best interests child standard considers various factors to ensure the child's physical, emotional, and mental well-being. These factors can include the child's age, health, emotional ties with parents and siblings, the parents' ability to provide for the child's needs, and, in some cases, the child's own wishes. If you have any questions concerning child custody, call (201) 845-7400 for a free consultation.