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2022 California Rules of Court

Dominion five.250. Children'south participation and testimony in family unit court proceedings

(a) Children's participation

This rule is intended to implement Family Code section 3042. Children'due south participation in family law matters must be considered on a case-by-case basis. No statutory mandate, rule, or practice requires children to participate in court or prohibits them from doing so. When a kid wishes to participate, the court should find a balance between protecting the child, the statutory duty to consider the wishes of and input from the child, and the probative value of the kid's input while ensuring all parties' due process rights to claiming prove relied upon by the court in making custody decisions.

(b) Determining if the kid wishes to accost the court

(1)  The following persons must inform the court if they accept information indicating that a child in a custody or visitation (parenting time) matter wishes to address the courtroom:

(A)  A pocket-size's counsel;

(B)  An evaluator;

(C)  An investigator; and

(D)  A child custody recommending counselor who provides recommendations to the guess nether Family Code section 3183.

(2)  The following persons may inform the courtroom if they take information indicating that a child wishes to address the courtroom:

(A)  A party; and

(B)  A party's attorney.

(3)  In the absence of data indicating a child wishes to address the court, the judicial officer may inquire whether the child wishes to do and so.

(c) Guidelines for determining whether addressing the court is in the child's all-time interest

(1)  When a kid indicates that he or she wishes to address the courtroom, the judicial officer must consider whether involving the kid in the proceedings is in the kid'southward all-time interest.

(2)  If the kid indicating an interest in addressing the court is 14 years former or older, the judicial officer must hear from that child unless the court makes a finding that addressing the courtroom is non in the child'southward all-time involvement and states the reasons on the tape.

(3)  In determining whether addressing the court is in a kid'south best interest, the judicial officer should consider the following:

(A)  Whether the child is of sufficient age and chapters to reason to form an intelligent preference as to custody or visitation (parenting time);

(B)  Whether the child is of sufficient age and capacity to understand the nature of testimony;

(C)  Whether data has been presented indicating that the child may be at gamble emotionally if he or she is permitted or denied the opportunity to address the court or that the child may do good from addressing the court;

(D)  Whether the subject field areas near which the child is anticipated to address the court are relevant to the court's decisionmaking process; and

(E)  Whether any other factors weigh in favor of or against having the child address the courtroom, taking into consideration the child's want to do so.

(d) Guidelines for receiving testimony and other input

(ane)  If the court precludes the calling of a kid equally a witness, alternatives for the court to obtain information or other input from the child may include, but are not limited to:

(A)  The child's participation in child custody arbitration under Family Code section 3180;

(B)  Appointment of a kid custody evaluator or investigator under Family Lawmaking department 3110 or Evidence Code department 730;

(C)  Open-door evidence provided by the parents, parties, or witnesses in the proceeding;

(D)  Information provided by a kid custody recommending advisor authorized to provide recommendations under Family Lawmaking section 3183(a); and

(E)  Information provided from a child interview center or professional then equally to avert unnecessary multiple interviews.

(2)  If the courtroom precludes the calling of a child as a witness and specifies one of the other alternatives, the court must require that the information or evidence obtained by alternative ways and provided past a professional person or nonparty:

(A)  Exist in writing and fully certificate the kid's views on the matters on which the kid wished to express an opinion;

(B)  Describe the child'southward input in sufficient item to assist the courtroom in its arbitrament procedure;

(C)  Be provided to the courtroom and to the parties past an private who will exist available for testimony and cross-examination; and

(D)  Be filed in the confidential portion of the family unit law file.

(3)  On deciding to take the testimony of a kid, the judicial officeholder should balance the necessity of taking the child's testimony in the court with parents and attorneys present with the demand to create an environs in which the child can be open and honest. In each case in which a child'due south testimony will exist taken, courts should consider:

(A)  Where the testimony will be taken, including the possibility of closing the court to the public or hearing from the kid on the tape in chambers;

(B)  Who should exist present when the testimony is taken, such every bit: both parents and their attorneys, only attorneys in the case in which both parents are represented, the child'due south attorney and parents, or only a courtroom reporter with the judicial officeholder;

(C)  How the child will exist questioned, such as whether only the judicial officer will pose questions that the parties accept submitted, whether attorneys or parties will be permitted to cantankerous-examine the child, or whether a child advocate or skillful in child evolution will ask the questions in the presence of the judicial officer and parties or a court reporter; and

(D)  Whether a court reporter is available in all instances, but specially when testimony may be taken exterior the presence of the parties and their attorneys and, if not, whether it will be possible to provide a listening device so that testimony taken in chambers may exist heard simultaneously by the parents and their attorneys in the courtroom or to otherwise make a record of the testimony.

(4)  In taking testimony from a child, the court must take special care to protect the child from harassment or embarrassment and to restrict the unnecessary repetition of questions. The court must as well take special care to ensure that questions are stated in a form that is appropriate to the witness'southward age or cognitive level. If the child is non represented by an attorney, the courtroom must inform the child in an age-appropriate manner about the limitations on confidentiality and that the information provided to the courtroom volition be on the record and provided to the parties in the case. In the process of listening to and inviting the child'south input, the court must permit but not require the kid to state a preference regarding custody or visitation and should, in an age-advisable manner, provide information well-nigh the process by which the court volition brand a decision.

(v)  In any example in which a child will be called to testify, the court may consider the engagement of small-scale's counsel for that child. The court may consider whether such appointment will cause unnecessary delay or otherwise interfere with the child's ability to participate in the process. In addition to adhering to the requirements for minor's counsel under Family unit Code department 3151 and rules 5.240, five.241, and 5.242, minor's counsel must:

(A)  Provide information to the child in an age-appropriate manner about the limitations on confidentiality and point to the child the possibility that data provided to the court volition exist on the record and provided to the parties in the example;

(B)  Allow merely not require the kid to state a preference regarding custody or visitation (parenting time) and, in an age-advisable manner, provide information about the procedure by which the court will make a decision;

(C)  Provide procedures relevant to the child's participation and, if appropriate, provide an orientation to the court where the kid will be testifying; and

(D)  Inform the parties and and then the court about the customer's desire to provide input.

(6)  No testimony of a child may be received without such testimony being heard on the record or in the presence of the parties. This requirement may non exist waived by stipulation.

(e) Responsibilities of court-connected or appointed professionals

A kid custody evaluator, a child custody recommending counselor, an investigator, or a mediator appointed or assigned to come across with a child in a family court proceeding must:

(1)  Provide data to the child in an historic period-appropriate fashion nearly the limitations on confidentiality and the possibility that information provided to the professional person may exist shared with the court on the tape and provided to the parties in the example;

(2)  Allow only not require the child to state a preference regarding custody and visitation (parenting fourth dimension), and, in an historic period-appropriate manner, provide information well-nigh the process by which the court will make a decision; and

(3)  Provide to the parents of the child participating in the court process information most local court procedures relevant to the kid's participation and information almost how to all-time support the child in an age-appropriate way during the court procedure.

(f) Methods of providing information to parents and supporting children

Courts should provide information to parties and parents and support for children when children want to participate or testify or are otherwise involved in family police proceedings. Such methods may include but are not limited to:

(i)  Having court-connected professionals meet jointly or separately with the parents or parties to discuss alternatives to having a child provide direct testimony;

(ii)  Providing an orientation for a child most the court process and the function of the judicial officer in making decisions, how the court or chambers will be prepare, and what participating or testifying volition entail;

(3)  Providing information to parents or parties before and later a kid participates or testifies so that they tin consider the possible effect on their child of participating or non participating in a given case;

(4)  Including data in child custody mediation orientation presentations and publications about a child'due south participation in family constabulary proceedings;

(5)  Providing a children'due south waiting room; and

(vi)  Providing an interpreter for the child, if needed.

(grand) Educational activity and training

Education and training content for court staff and judicial officers should include information on children's participation in family courtroom processes, methods other than straight testimony for receiving input from children, and procedures for taking children'due south testimony.

Rule 5.250 adopted effective January one, 2012.

Rule v.250 does not apply to probate guardianships except as and to the extent that the dominion is incorporated or expressly made applicable past a dominion of courtroom in title seven of the California Rules of Courtroom.

Title 5, Family and Juvenile Rules-Division 1, Family unit Rules-Chapter ix, Child, Spousal, and Domestic Partner Support; adopted January 1, 2013.

Championship 5, Family unit and Juvenile Rules-Division one, Family unit Rules-Chapter 9, Child, Spousal, and Domestic Partner Support-Commodity 1, Full general Provisions; adopted January one, 2013.

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