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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I need to file a motion by Friday testimony. Can I file a

Customer Question

I need to file a motion by Friday for child testimony. Can I file a motion requesting child testimony or appointment of a GAL to speak on the minor child’s behalf or would I need to file two separate motions? The General Magistrate judge is aware of and awaiting the motion for child testimony by the end of the week. Please help. 
Submitted: 4 months ago.
Category: Family Law
Expert:  RayAnswers replied 4 months ago.

Motion and self help you need to file here for the child to testify..

http://www.flcourts.org/core/fileparse.php/293/urlt/944a.pdf

I appreciate the chance to help you today, good luck here in court..

Expert:  RayAnswers replied 4 months ago.

Florida’s Family Law Rules were amended to provide that a child is not to testify unless the court first determines that a child’s testimony is necessary and relevant to the issues, Florida Family Law Rule 12.407,so be prepared here to show necessity and relevancy.

Expert:  RayAnswers replied 4 months ago.

Some judges out make this real hard, here is an article that talks about this issue here.Be prepared to vigorously argue the motion.

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/6658DC392C0C529185256ADB005D6214

Expert:  RayAnswers replied 4 months ago.

Under Florida family law, minor children may not be a witness or attend a child custody hearing without prior court approval. See Florida Family Law Rule of Procedure 12.407. The parent wishing to have a child provide testimony must make a motion with the court and then conduct a hearing on the motion. At the hearing, the judge will consider all relevant factors on whether or not there is good cause to allow the child to testify as a witness. If the court does allow the child to testify as a witness it will typically be an in-camera examination. An in-camera examination will typically take place in the judge’s office without the parents present. In-camera examinations are private, the public will not be allowed to attend. However, a court reporter will be permitted to attend the examination. The court reporter will transcribe the examination and make the record available to the parents for use at a future court hearing.

So again be prepared to fully argue for this, as you can see some judge's make this real hard to grant.

Thanks again.

Expert:  RayAnswers replied 4 months ago.

If you can positive rate it is always much appreciated.

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