Father filed a petition for custody of Minor's, who
o are with wife and who is living separately due to harassment. First boy is 8 years and the second is 6 years both are not willing to join their father, what would be the testimoni of such minors as witnesses.
Very important. The Family Court judge will definately record the statement of both children and mention it in his order while rejecting the custody petition of the father as well even refusing the visitation application of the father. The testimony of minors of age 6 and 8 years may not be serving much in any criminal proceeding but where it comes to the civil proceedings, concerning the custody/visitation of the minor children is concerned, the welfare of the children is paramount matter of consideration and if the children don't feel comfortable in the company of their father even for short while, no court can force the minor children to be with him for any amount of time. Maximum the children can see or meet their father in a neutral place in presence of their mother, this should be the demand from the father's side.
The experience and maturity counts a lot while dealing family matters in the court.
