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Alexis Kuykendoll

Professor Hunter

English 1201

October 25, 2020

There have been many situations that have ended up in court. While being involved in the

court system is difficult for people it is especially difficult for children, since their voice is not

usually heard. How can a child’s wants or wishes be expressed in the courtroom? Through the

five sources, there will be a clearer answer to this question.

Throughout the five articles, there are some repeated key points on how a child’s voice

can be heard in the courtroom. First and most important is asking the child would give the

clearest answer on what they are thinking or what they might want. As Kurk states, “... that

children themselves are, in a very real sense, the true experts on their own best interests”

Throughout the articles, they all address the different methods that would be a step for your child

to be heard. One method being In-Camera stated by Shale, “The goal is to provide the minor

child with the comfort and security to be able to express his/her wishes.” They all share the same

qualities of hearing the child and putting them first.

Also with the five articles, some may have slightly different viewpoints but usually agree

on the big picture. The article written by Lederman focuses strongly on joint-custody and the

parent portion rather than the child. While they have a different way of looking at it Lederman,

does state,”... custody proceedings in the United States are not ‘child-centered,’ giving the

children too little to say and, too often, putting the perceived rights of parents ahead of the needs

of children.” Throughout the rest of the article, the intention to emphasize the importance of
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making it about the child rather than the parent, even though there is a different way of looking

at it.

While reading the article, “The Voices of Children of Divorce”,​ ​it states clearly the

intentions of why it was written. It was written by Edward Kruk Ph.D. regarding his release

book, ​The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting

​ hroughout the article, it strongly talks about who the true expert is when it
After Divorce. T

comes to cases involving children, it is the child itself. Also states that the experts who claim to

know what is best for the child are basing it off of speculation and interpretation. To further

support the credibility of this source, it uses the first-hand experience to back up the different

points to better the child’s voice being heard.

Four Key Ways to Have Your Child’s Voice Heard in Child Custody Litigation

highlights four key points that further support the child’s voice being heard in the courtroom.

The four points being a Guardian as Litem, forensic custody evaluation, calling the child as a

witness, and an in-camera interview. With a Guardian ad Litem meets and further concludes

what custody arrangement would fit the child best. A forensic custody evaluation does the same

as the GAL but can also conduct psychological testing and collect collateral data. Calling the

child as a witness is rare for the question on the correct age to testify or being put in the middle

of the parents, but the judge would directly ask what the wishes are. Lastly, the in-camera would

put the child in a place without the parents to be asked what they want and their reasoning behind

it.

The article, In-Camera Interviews of Children in Divorce Court talks about the basics of

in-camera interviews. It addresses that the interviews could have a negative impact but not

always. It may make the child feel as if they are testifying, but it also addresses that it is more of
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a private talk between the child and the judge/magistrate. Addresses the importance of hearing

first hand from the child of what the wishes are and the ways to incorporate with what is also

best for the child.

The article, Can Children Express Preference in Ohio Custody Proceeding, gives

considerable information regarding a child and the steps that are taken when their wishes are

being taken into consideration. While reading this article it gives solid information on when or

even if the Ohio courts might consider the child’s wishes. They strongly rely on the child’s best

interest which could be different than what they might want. Throughout it addresses the

different criteria that are looked at and considered when it comes to the child’s best interest. The

child’s preference has the possibility of being with someone other than the parent like a

grandparent or an aunt/uncle.

The scholarly article, The Pros and Cons of Joint Custody, it uses first-hand information

from others and from the author on the situation she is writing about. It addresses that a custody

hearing is not based around the child, but rather based on the “rights” of the parents with the

child. Gender bias in custody proceedings is addressed and then have a solution of how to stop

gender bias from being in the court. Overall, it addresses many different aspects when it comes

to custody hearings involved with children, but much rather it addresses that it hurts everyone

involved but would rather the child to be hurt the least.

Overall for a child’s voice to be heard in the courtroom there a few things that can be

done to enhance the chances of that. Each case involving a child in the court is different and is

addressed differently because children aren’t the same. There are always different circumstances

and each has to be handled with care. Throughout it all, there are ones who support the child and

will fight for their voices to be heard.

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Works Cited

Ciyou & Dixon, P.C. Attorneys At Law. “Four Key Ways to Have Your Child's Voice Heard in

Child Custody Litigation.” ​Ciyou & Dixon, P.C.​, 7 June 2018,

https://www.ciyoudixonlaw.com/family-law/child-custody/your-childs-voice-heard-child

-custody/. Accessed 25 October 2020.

Kruk, Edward. “The Voices of Children of Divorce.” ​Psychology Today​, 12 November 2013,

https://www.psychologytoday.com/us/blog/co-parenting-after-divorce/201311/the-voices

-children-divorce. Accessed 25 October 2020.

Lederman, Douglas. “Defending the Rights of Children of Divorce.”

Chronicle of Higher Education,​ vol. 45, no. 29, Mar. 1999, p. A14. ​EBSCOhost​,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=1662679&site=ehost-live.

Otterstrom, Kristina. “Can Children Express Preference in Ohio Custody Proceedings?”

DivorceNet​,

https://www.divorcenet.com/resources/a-childs-preference-ohio-custody-proceedings.htm

l#:~:text=Child%20Choice%20in%20Custody%20Decision&text=In%20Ohio%2C%20t

here%20is%20no,case%2Dby%2Dcase%20basis.&text=A%20child's%20preference%20

can%20also,than%20the%20pa. Accessed 25 October 2020.

Shale, Anne. “In Camera Interviews of Children in Divorce Court.” ​Ohio Family Law Blog,​

Published by Attorney, Robert “Chip” Mues, Holzfaster, Cecil, McKnight & Mues, 20

March 2010,

https://www.hcmmlaw.com/blog/2010/03/20/in-camera-interviews-of-children-in-divorce

-court/. Accessed 25 October 2020.