Evidence given by, or with respect to children

(1) Subsection (2) of this section applies where a child who is called as a witness in any civil proceeding does not, in the opinion of the court, understand the nature of an oath. (2) The child’s evidence may be heard by the court if, in its opinion, (a) he understands that it is his duty to speak the truth; and (b) he has sufficient understanding to justify his evidence being heard. (3) Where, (a) in any proceedings before the court evidence is given in connection with the upbringing, maintenance or welfare of a child; or (b) in any civil proceedings before the court, (i) a statement is made by a child; (ii) a statement is made by a person concerned with or having control of a child that he has assaulted, neglected or ill-treated the child; or 88 (iii) a statement is included in any report made by a guardian ad litem appointed under this Act, that evidence or statement shall be admissible in those proceedings, notwithstanding any rule of law relating to hearsay.