Reeves v. Fancher

This case illustrates why caution should be exei’cised when allowing a young child to testify, particularly in an action between the child’s parents. There is no general prohibition against allowing a child to testify, “ ‘even though calling children to testify against one of their parents in a divorce case is distasteful and should be discouraged.’ ” Blume v. Durrett, 703 So.2d 986, 989 (Ala.Civ.App.1997) (quoting Ex parte Harris, 461 So.2d 1332, 1333 (Ala.1984)). In determining whether to allow a child to testify, a trial court should make a determination of the child’s “maturity and…