When Courts Refuse to Hear Directly From Children in Custody and Parent-time Disputes

Added: 2026-05-25

[00:00:00]When courts refuse to hear directly from children in child custody and parent time disputes.

[00:00:05]In most court cases in Utah, judges determine facts by hearing directly from witnesses. Witnesses testify, judges observe the demeanor and hear the words, a record is created, and the parties can cross-examine those witnesses. But in many child custody disputes, the most important witness in the case, that is, the child, is often never heard from directly. Instead, courts frequently appoint a guardian ad litem or custody evaluator to speak with the child and then report back to the court. The child still speaks, just not to the judge. The judge receives a second-hand summary of the child's testimony or alleged testimony instead. Here's the structural problem. The fact-finder is now separated from the witness by someone else's interpretation. The court is asked to evaluate credibility not from the witness, but from someone else's description of the witness.