Florida Family Law Rule 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
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.
Commentary
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.
Committee Notes
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
involvement with the family that is the subject of a current family
law case.
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
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.
Commentary
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.
Committee Notes
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
involvement with the family that is the subject of a current family
law case.