child testimony

A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution

When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…

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Reject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…

Continue ReadingReject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

A Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…

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THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…

Continue ReadingTHE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.

In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…

Continue ReadingTwo Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.

Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client

When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…

Continue ReadingRejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client

Doing What’s Best for Children by Refusing to Hear From Them on the Subject (And Other Nonsense).

Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…

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Blanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.

Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…

Continue ReadingBlanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.

Blanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…

Continue ReadingBlanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

Why Do Utah Courts Not Allow Child Testimony?

I had lunch today with a former legal assistant of mine who is now a law student in Arizona. Over the summer he shadowed judges in Maricopa County during their…

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Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…

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How can I call my 10-year-old as a witness to say where she would like to live?

QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…

Continue ReadingHow can I call my 10-year-old as a witness to say where she would like to live?