Over the course of her career, Dr. Miriam Galindo has established herself as an expert in the psychological impact of court proceedings on families going through divorce. Dr. Miriam Galindo has completed advanced training in child testimony and has helped many families to understand what it entails.
In the state of California, children have legal permission to testify in court unless doing so would not be in their best interest. Even legally permitted testimony, however, may impact the child's psychological well-being.
Testifying can be an extremely stressful situation, in which the child must answer questions from strange adults in a strange environment. The child is likely already feeling caught between two battling parents, and testimony may seem like having to officially choose a side. The child may feel guilty about testifying against one parent or the other, and this may impact the child's relationship with that parent down the road.
The child may feel manipulated by the parent who requests that he or she testify, but may be unwilling to say no for fear of hurting that parent's feelings. The child may even allow him- or herself to be coached on what to say, which can easily turn to panic in the courtroom when the child runs out of script. These processes are not uncommon and can turn a court's opinion against the manipulative parent, while simultaneously harming the child.
Experts suggest that parents consider carefully whether a child's testimony is absolutely necessary. In many cases, the child's opinion can be gathered in a different and less intimidating manner. This can preserve the child's relationship with his or her parents and also set the stage for much more peaceful co-parenting. If the court does need to hear the child's voice regarding an issue, the child should receive support and therapeutic help in navigating the process.
