By Michael Phillips
“A voice silenced is a truth denied.” For far too long, that’s been the quiet tragedy playing out in family courtrooms across America—especially in high-conflict custody and visitation battles where children are the most impacted, yet too often the least heard.
But Virginia just took a major step toward changing that.
As of July 1, 2025, a new law—HB 2115—gives judges the power to issue a formal summons to a juvenile in custody, visitation, or child support proceedings. This simple yet groundbreaking tool could transform how family courts access truth, accountability, and the lived experience of the very children at the center of these disputes.
What HB 2115 Does — and Why It Matters
HB 2115 allows a Virginia juvenile court to summon a child who is the subject of the case, either:
- On the court’s own motion, or
- Upon request of any party, when the judge believes the child’s presence is appropriate.
The measure was recommended by the Committee on District Courts and passed unanimously—a rare moment of bipartisan clarity in recognizing the importance of truth and due process in family law.
Why is this so important?
Because too often, one parent (or their legal team) keeps the child hidden from the process—using their control of the child to block testimony, manipulate narratives, or avoid accountability. This law changes that. It gives judges and the other parent the ability to request the child’s presence through the proper legal mechanism—a summons.
Real-World Scenarios Where This Law Helps
Let’s look at a few examples:
Scenario 1: Parental Alienation and Concealment
Parent A has custody and is deliberately alienating the child from Parent B. The child has not seen Parent B in months, and Parent B believes the child has been emotionally manipulated or threatened to stay silent.
Under prior law, Parent B had to hope the court would somehow hear the child’s perspective—often filtered through a guardian ad litem or hearsay. Now, Parent B can request a summons for the child to appear, letting the judge speak directly to the child or hear testimony in chambers. It brings the truth into the room.
Scenario 2: One Parent Refuses to Comply with Visitation Orders
Parent B consistently denies visitation, falsely claiming the child is unwilling. But when the child is never allowed in court, the judge has no way to verify.
Now, the judge can summon the child and ask in a private, controlled setting: “Do you want to see your parent?” If the answer contradicts the custodial parent’s narrative, it exposes the misconduct.
Scenario 3: Support Disputes Involving the Child’s Whereabouts or Well-being
In some support cases, questions arise about where the child actually lives, who’s caring for them, or whether support money is being used properly.
This new law gives the court the power to bring the child in and ask relevant questions, helping determine the real situation on the ground.
Why Maryland—and Other States—Should Follow Virginia’s Lead
Maryland’s current system lacks a similar law. Judges can request a child appear, but there’s no statutory right for a parent to request a summons—and certainly no guarantee the child’s presence will be permitted.
Instead, Maryland courts often defer to child’s counsel, GALs, or psychological reports—third-party filters that can be biased, incomplete, or manipulated by the parent who has custody and access to the child.
This creates a dangerous power imbalance:
- One parent can suppress the child’s truth, and
- The other parent is left voiceless and helpless, even as court decisions are made that permanently alter the family.
HB 2115 restores that balance. It puts power back in the hands of the court and the facts—not in the parent who controls access.
A Step Toward Accountability and Reform
This law is not about forcing children into traumatic confrontations. Quite the opposite—it gives judges more tools to decide if, when, and how to involve a child in proceedings, including in private interviews or under trauma-informed procedures.
In the fight for fair and functional family courts, transparency, truth, and voice matter.
Virginia’s HB 2115 is a model for how we can start restoring those values—state by state, voice by voice, child by child.
If you’re a parent who’s been silenced in court, or a child’s voice has been hidden from view, this law may be the precedent we need. And if you live in Maryland or beyond, it’s time to demand the same.
Let the child be heard.
Michael Phillips is a family court reform advocate, journalist, and founder of the REBUILT Justice Project. He writes about the human cost of judicial failure, due process violations, and systemic reform for families and survivors.
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