I’ve heard that you can’t use ‘child hearsay’ in court, is that true in California? My child is 10.5, and if they are experiencing emotional abuse, how can I bring it up in court if I can’t talk about what they said? Are there real examples of how this works?
In CA, it’s tricky because hearsay generally isn’t allowed. But there are exceptions, especially for child abuse cases. You should definitely get your child into therapy, as therapists are mandated reporters. They can help document what the child says, which might lead to an investigation if necessary.
@Sai
That makes sense. So, if the therapist hears something concerning, they can report it?
You can’t speak for your child, but you can get them their own attorney. A minors counsel can represent their interests in court. Therapy and a custody evaluation are also options to present evidence of what your child is experiencing.
@Brett
I see. So, getting a professional involved is key.
You can bring in evidence about the child’s emotional state or actions, not just their words. If you see them upset or acting out, that’s something you can discuss in court. Having a second witness to back you up would help too.
@Trinity
So, I could mention my observations without directly quoting my child?
I’ve been in a similar situation, and I can tell you that judges can sometimes accept statements from children as fact, even if they are hearsay. It varies by case and judge, so it’s worth addressing in court.
@Lennox
That’s frustrating. It seems like there are no guarantees.
If you suspect abuse, you should involve CPS. They can conduct a forensic interview and gather evidence that can be used in court. Just talking about what your child said without evidence won’t hold much weight.
@JamesHenry
Got it. So evidence is crucial.