Is there a LAW against soepenaing children under the age of 12 as a witness?

Question

My wife has to go to court against her parents under a DEFACTO-CUSTODIAN LAW is what they are going to court for..My wifes parents attorney sent a sopeona a DAY before we goto court for the judge to "INTERVIEW" the children.. We fel like this is unfair that a judge is going to basically ask the children would you rather live with your granparents where you can run wild stay up til 5 in the morning on school nights eat candy for dinner OR would you want to live with your parents that treat you wonderful although they have rules you have to abide by and NORMALCY..

Answer 1

A custody case that involves grandparents versus parents, or anyone versus the parents is going to have children talking to the judge.  You have no idea what he is going to ask them, so don't assume he's going to just be like who do you want to live with.  He is going to take into consideration evidence from both side, testimony from everyone including the children and then make the decision.

As far as I know  there is not a law against a judge asking a child a question as long as the child's lawyer and probably guardian ad litem is there.  The grandparents aren't there either, the judge wants answers without the child feeling pressure from either sides.

Answer 2

I think it depends on the age of the children. You only say that the children are under the age of 12. You also don't say WHY this court case was even filed. If the children are old enough to be in school they should be able to have some input into thier living situation. there should be a court appointed person looking out for just the children's interests.