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Under this privilege, a parent or the parent's child cannot be compelled to testify about confidential communications between them when one of them is (1) a party to a proceeding or (2) called to give testimony about the other in a grand jury proceeding.
It's the law in many other countries, but in the U.S., only four states recognize a parent-child privilege.
25. Parental and filial privilege. - No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants.
California does not have a minimum age requirement in order for a child to be permitted to testify in court. Instead, judges are given discretion to determine whether a child is competent to testify.When asked by a court evaluator who told him to say that his father hit his mother, he answered, my mommy.
There is no lower age limit in relation to giving evidence, but prosecutors should be satisfied that the child will be able to give understandable evidence - all witnesses have to be able to understand questions and be able to give replies that can be understood as set out in section 53 of the Youth Justice and
24, 1998, at 029. 6 New York is the only state to have judicially permitted parents and children to claim a parent-child privilege. Three other states, Idaho, Minnesota, and Massachusetts have statutes that permit parents or children to assert the privilege.
It's well established in U.S. law that husbands and wives don't have to testify against each other in court. But for the most part, there is no such protection for parents and children.