text: why does the word of a 2 and half year old child not stand up in court? my grandchild cried to me and told me someone hurt her arm, and also that same someone gaged her with paper in her mouth and told her to shut up, the dss said they could not go on the word of a 2 and half year old child, even thought this child has the vocabulary and intellengence of a 5 year old. he/she does not have capacity under the law to testify in court. a lawer can argue for capacity, but no judge in the right mind would rule that for a two year old.