Section 20.73 Children as Witnesses

• Library: Family Law Deskbook and 2014 Supp

F. (§20.73) Children as Witnesses

Children are often very important witnesses in dissolution and custody cases. With regard to minor children’s testimony, the courts have generally divided up the subject into two areas of testimony:

1. Custodial preference

2 Knowledge of parents’ activities

Kordonowy v. Kordonowy, 887 S.W.2d 809, 811 (Mo. App. E.D. 1994).

Regarding custodial preference, § 452.385, RSMo 2000, allows the court to interview the child to assist in determining a preference for custody. The court has discretion to:

interview the child in chambers without the parties present;

allow the child to testify in open court; or

refuse to hear testimony from the child at all.

See:

Cantwell v. Cantwell, 315 S.W.3d 384 (Mo. App. W.D. 2010)

Kordonowy, 887 S.W.2d at 811

R__ S__ M__ v. J__ D__ M__, 542 S.W.2d 361, 362–63 (Mo. App. E.D. 1976)

Johnson v. Johnson, 526 S.W.2d 33, 35 (Mo. App. E.D. 1975)

If the child is especially young, the trial court’s discretion not...