The marriage is over. You want out, your spouse wants out, but neither of you wants your issues to rain all over the kids. The thought of your four-year-old in a court room answering questions from a judge makes you cringe. The idea of some stranger interrogating your ten-year-old, asking him/her to choose between you doesn’t sit well either.

But would that happen?

If you go to court will your children have to appear before a judge?

While judges can ask to speak to the children, they rarely do. Usually, a judge will only interview a child at Trial, or leading up to Trial, and only about two percent of court cases go to Trial.  Even if your case does go to Trial, judges do not usually speak with the children directly.  Instead, they make decisions on the children’s welfare based on reports from The Office of the Children’s Lawyer or Custody and Access Assessors, or based on a The Voice of the Child.

Even in those rare instances when a judge asks to speak to the children, that interview takes place in the judge’s chambers, not open court.  It is a conversation, not an interrogation, with the judge seeking to determine how the children feel, what’s important to them, what they like and don’t like, and what they think would make their lives happier.  The judge will not ask your children to testify about you and your ex, to choose between you, or where and with whom they want to live.

In short, while a judge may ask to have a chat with your children, they will not be asked to appear in court. They are children, not adults, and certainly not criminals.

If you have any concerns about how going to court may affect your children, please reach out to us for a free consultation.