Fla. Fam. L. R. P. 12.407

RULE 12.407

TESTIMONY AND ATTENDANCE OF MINOR

CHILD

(a) Prohibition. Unless otherwise provided by law or another

rule of procedure, children who are witnesses, potential witnesses,

or related to a family law case, are prohibited from being deposed or

brought to a deposition, from being subpoenaed to appear at any

family law proceeding, or from attending any family law proceedings

without prior order of the court based on good cause shown. In

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addition to in-person proceedings, this rule applies to family law

proceedings held remotely via communication technology. The

parties, counsel, and the court must ensure that children are not

present or nearby during any remote proceedings or able to

overhear any remote proceedings.

(b) Related Proceedings. In a family law proceeding held

concurrently with a proceeding governed by the Florida Rules of

Juvenile Procedure, the Florida Rules of Juvenile Procedure govern

as to the child’s appearance in court.

(c) Uncontested Adoption. This rule does not apply to

uncontested adoption proceedings.

1995 Adoption. This rule is intended to afford additional

protection to minor children by avoiding any unnecessary

involvement of children in family law litigation. While due process

considerations prohibit an absolute ban on child testimony, this

rule requires that a judge determine whether a child’s testimony is

necessary and relevant to issues before the court prior to a child

being required to testify.

2022 Amendment. The ambit of the rule is expanded to

include remote proceedings conducted via communication

technology and requires the court, parties, and counsel to ensure

that minor children are not present during or do not overhear such

remote proceedings.

2018 Amendment. This rule is not intended to prohibit

children who are unrelated to the litigation from attending court or

depositions in family law cases for educational purposes and other

reasons. This rule is intended to protect children who may be

harmed by unnecessary involvement in family law proceedings.

Children who may be harmed by unnecessary involvement include

children who may be the subject of the family law case and children

who are witnesses, are potential witnesses, or have extensive

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involvement with the family that is the subject of a current family

law case.