Fla.Fam.L.R.P. 12.407 prohibits bringing a minor child to court as a witness or to attend a hearing, or issuing a subpoena to a minor child to appear in court, without prior court order, except in an emergency.
In contested cases, courts usually are reluctant to allow children to testify against their parents. The court has the discretion to preclude children as witnesses.
If a child’s testimony is needed, it is best obtained through the report of a guardian ad litem or mental health professional, or as part of a parenting plan recommendation.
If the child’s testimony is considered essential, a professional should be consulted to determine what effect testifying will have on the child.
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