My husband has finally left home for a “breather” after the children and myself have been suffering physical and emotional abuse at his hands for a long time. I want to bring legal action against him and prevent him returning home. The problem is proving the abuse we suffered , as there are no real independent witnesses, and the children are minors and now my husband is not around to record on a tape recorder I have at home .
By: דיאנה שאלתיאל•Published on: 09 May, 2022Firstly, children can give evidence and in civil proceedings at the family court the judge can see them privately in chambers. As children in a family dispute are prone to incitement or influence from the other parent, although the weight attributed to their testimony will be less than that of an independent witness. Furthermore, recordings of phone conversations and proper transcripts of these can be acceptable as evidence, too. Having said this, it is only in exceptional circumstances that the court will allow minor children to give evidence against one parent, because of the implications that this would be likely to have on their relationship with the parent against whom they give evidence