Welcome to SPARC Forums. Please login or sign up.

Mar 28, 2024, 06:18:57 AM

Login with username, password and session length

Seeking ideas on questions to ask witnesses

Started by socrateaser, Sep 21, 2006, 03:34:00 PM

Previous topic - Next topic

kevkermit

Soc,

I go to court next week for motion against my ex.  Daughter found a camera in the bathroom at her fathers house and we are seeking a change in visitation.  

The detective that investigated did not find evidence therefore there was nothing that they could do.  Protective services could do nothing as they did not have any evidence.  Which basically now it is my daughters word against her dads.  The counselor is on our side, the detective said that he believed my daughter but there was no evidence.  The protective servicces worker said she believes my daughter but there is no evidece.

Will be calling the detective, protective services worker and the counselor into court as witnesses.  

1)  What questions would you recommend that be asked of these witnesses?  

socrateaser

>1)  What questions would you recommend that be asked of these
>witnesses?  

I would ask questions concentrating on each professional's observation of the child, and their perception of her state of mind:

"Did she cry?"

"Was she trembling?"

"Did she say anything that indicated that she was afraid of her father?"

"What sort of experience have you had with frightened children, in your job as a ______?"

"Did the child exhibit any other behaviors that would have led you to conclude that she was afraid of her father?"

etc...

The goal is to prove that the child is in distress because of the other parent. It doesn't really matter what the parent did -- what matters is that the child's interests favor intervention if you can prove she is afraid of her father.

The fact that there is no evidence of a camera, while certainly unhelpful, is not enough to defeat your action.

On the other hand, if the child isn't afraid of the parent and there's no evidence of the camera, then I don't know why you're going to court, because you don't have a case.