Section 12.24 Hearsay

• Library: Family Law Deskbook and 2014 Supp

1. (§12.24) Hearsay

With respect to custody proceedings involving allegations of abuse and neglect, problems may arise in proving that the abuse or neglect occurred. In many cases, the only evidence of the alleged abuse or neglect may be the statements of the child involved. Unless the child testifies as to these statements, the statements are normally considered inadmissible hearsay. Even so, the child may not be deemed competent to testify or may experience trauma if required to do so, thus making the use of the child’s testimony difficult, if not impossible.

Accordingly, the courts adopted an exception to the hearsay rule in cases involving allegations of child abuse in In re Marriage of P.K.A., 725 S.W.2d 78 (Mo. App. S.D. 1987). In P.K.A., the court admitted the mother’s and the psychologist’s testimony regarding the child’s statements of sexual abuse by the father though the father challenged the admission of these statements as hearsay. The appellate court recognized the statements as normally inadmissible as hearsay but found that the use of the statements was often necessary in child abuse cases. Therefore, the court created a special...