49Evidence given by children

49 Evidence given by children S. 49(1) amended by No. 42/2014 s. 127. (1) A child, other than a child who is an applicant for a personal safety intervention order or a respondent, must not give evidence for the purposes of a proceeding under this Act or a litigation restraint order proceeding unless the court grants leave for the child to do so. (2) In deciding whether to grant leave under subsection (1) the court must have regard to the following— (a) the desirability of protecting children from unnecessary exposure to the court system; and (b) the harm that could occur to the child if the child gives evidence. (3) This section applies despite anything to the contrary in the **Evidence Act 2008**.