Fast-Track Your Notaries Public

When children witness violent or abusive behaviour in their home, they are certainly impacted by it; however, from a legal standpoint, it is quite rare for a young child being called in being a witness in family court. Typically, family court judges managing divorce custody issues will let a parent testify by what a child said or did in the time an abusive act occurred, though technically, the testimony of the nature is categorized as "hearsay" and is also therefore inadmissible. Most family court judges make protecting a young child involved with the divorce custody case their priority, that's why a parent testifying on behalf of their child is allowed. Read the following article about child witnesses.

If a judge presiding over divorce custody case decides that the child should, actually, be allowed to testify, an attorney or guardian ad litem will likely be appointed for a child. (The term "ad litum" refers to someone appointed with the court to do something on the part of another party that is deemed not capable of representing themselves, including children. This is discussed in greater detail in Chapter 9.) Often, a legal court takes child protection during divorce custody hearings even further by closing the courtroom, or obtaining the child testify privately within the judge's chambers. Because of children's attorneys, guardians ad litem, research in family relations and sophisticated psychological studies, the need for a young child to testify has grown to be practically obsolete.

Even when the kids are grown and technically adults, asking for these kinds of testimony isn't worth every penny. Children, especially children associated with divorce custody battles, might be traumatized through the chance of testifying on the part of one parent in the other. The experience could damage them forever.

What if My Child will be the One Being Abused?

If a spouse is physically or emotionally abusive or violent towards somebody, in all likelihood, see your face can be abusive towards their children. Studies have shown that nearly 50% in men who have abused their wives in addition have abused their children. When a young child not simply witnesses but may be the people receiving violent or abusive behaviour, that child will carry the results from the abuse into adulthood. The risk because of these children is a its highest if the marriage is unraveling, the happy couple is living apart, along with the father cannot arrest his own oppressive tendencies to exert treatments for his family.

While some men allow go from the rage they experience on the start of separation, others become even more violent in the future. This is often due to their desperate need for control because they perceive their role inside the family diminishing. The scenario holds one of the most potential danger for youngsters. Older children are particularly vulnerable, as they're often caught in the middle of conflicts trying to shield or protect their mother from injury with the hands of her abusive spouse. Studies also reveal that daughters less difficult more probable than sons to become victimized by their fathers. Due to gender, these are more vulnerable to physical or sexual abuse.

This cycle of abuse is tragic, and becomes even more horrible after a while. Women who are abused are less able to take good care of their children, setting the course for additional problems. Moreover, according to spousal abuse expert Dr. Lenore Walker, the chances of an woman using harsh, physical discipline on her children is eight times greater if she is moving into an abusive situation herself.

Abused children exhibit symptoms akin to those observed in children who only witness violence and abuse among their parents. These innocent bystanders suffer extreme psychological problems from actions completely out of their control. It is critical that they receive the help they need and deserve.

Excerpted from Your Divorce Advisor: A Lawyer plus a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001).