Do children may be WITNESSES in parents’ divorce case?

Personally, I am opposed to the involvement of children in adult cases of their parents, especially if can contribute to the rupture of relations between children and parents. Divorce cases are not easy and pleasant. Often before the court comes to the manifestation of the whole regret by divorcing spouses, and when it comes to determining fault in the dissolution of married life, spouses pull out the worst things on the day light. That is why children should not be involved in the process of divorce of their parents.

However, there are situations in which children’s participation in the process will be necessary. Imagine a situation in which the wife mistreats her husband mentally and physically. Outside the family looks normally and happy, but at home, the husband is going through hell everyday. In the end, he decides to divorce his wife and to take children. In the process of divorce he is not able to prove his right before the judge, because there are no witnesses to the fact of abuse of his wife over him, there are no any documents in the form of police notes or forensic examination, because he never reported it. Closest friends are not able to confirm his claims, because they saw his marriage as a happy family, his relatives, if they know anything about the situation, can be easily challenged as unreliable because of the close relationship. In such circumstances may be, that the testimony of the children will decide on the case and prove the reasons of husband, making him win the case.

The Code of Civil Procedure provides certain restrictions in the matter of child witnesses, precisely in order to protect them from engaging in parents’ disputes. You need to keep this in mind and to know the content of articule 430 of the Code of Civil Procedure, which states:

Minors who are under the age of thirteen, and parties’ descendants who are under seventeen can not be heard as witnesses.

The above legal norm shows a clear rule that the children (ie. descendants) of divorcing parents (who are in the process of divorce named parties), so they could be witnesses, they must be at least 17 years old. This principle also applies to children adopted by both spouses and children of one of the spouses, which were afterwards adopted by the other spouse. Other minor must be at least 13 years old.

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