Generally, no. Georgia’s rules keep the children of the parties out of a temporary hearing unless the judge specifically allows it.
What the Rule Says
Under Uniform Superior Court Rule 24.5(B), “[e]xcept by leave of court, the minor child/children of the parties shall not be permitted to give oral testimony at temporary hearings.” The rule does not stop at barring the testimony. It goes on to provide that such children “will be excluded from the courtroom or other place of hearing,” so a child is not meant to be sitting in the back listening either.
The Judge May Still Talk to Your Child
Being excluded from the courtroom is not the same as being shut out of the case. Where custody is in dispute, the rule provides that if the court directs, the children “shall be available for consultation with the court.” That conversation happens in chambers rather than on the witness stand, and it comes with four conditions: (1) it happens only if the judge directs it, (2) attorneys for both parties may be present, (3) neither attorney may question the child “except by express permission from the court,” and (4) the proceedings in chambers “shall be recorded” upon request.
Ask for the Recording
That fourth condition is the one people miss. The recording happens on request, not automatically. If the judge speaks with your child and no one asks for a record, there may be nothing later showing what was said, which matters if you are unhappy with the resulting order.
This Is the Temporary Hearing Rule
Rule 24.5 is written for temporary hearings. What happens with a child’s testimony at your final hearing is governed differently.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!