Child Testimony and Out-of-Court Statements in Custody Litigation: Judicial Interviews, Competency, Hearsay, and Trial Strategy

This CLE webinar will explore the difficulties and best practices when presenting and challenging statements or testimony from children during a custody litigation proceeding. The panel will cover evidentiary and procedural issues, such as common hearsay arguments and exceptions. The faculty will discuss how to handle judicial interviews, competency evaluations, and forensic interviews, as well as effective strategies for working with and understanding common sources of child information, including mental health providers, guardians ad litem, and custody evaluators.

Children may become central witnesses in custody disputes, but they typically testify differently from traditional witnesses. Their statements may present to the court through custody evaluators, guardians ad litem, therapists, teachers, medical providers, forensic interviewers, parents, or judicial interviews. The rules covering children's statements vary, but often involve issues of hearsay, competency, privilege, expert testimony, due process, and the court's obligation to protect children from unnecessary trauma.

The panel will discuss practical strategies regarding the evidentiary record, judicial interviews, examination of professionals, and offering children's evidence with methods serving both the client's interests and the child's welfare.

Listen as our authoritative panel discusses all aspects of working with statements and testimony by children and professionals in custody litigation.