ABSTRACT

Children can be called as witnesses in various dierent legal proceedings: as a perpetrator in juvenile cases, as an eyewitness or victim in a criminal case, as a victim in a child abuse case against the child’s parents or other caregiver, in a custody battle between feuding and divorcing parents, or as a witness or victim in a civil matter. Despite the setting or context, the courtroom or other legal venues are usually out of the normal realm of children’s environment. e courtroom is not a familiar playground for children, and litigation is by denition a contentious process. Child witnesses are thrust into highly contentious legal dilemmas, oen with high stakes at issue, e.g., capital cases, child abuse cases, criminal cases, or custody cases. Depending on the age of the child, the child oen has little to no understanding of court proceedings. e child’s voice might be important, such as voicing custodial preferences in child custody disputes, but the child has little to no knowledge, limited rights, and oen little protection in highly adversarial settings.