SPARC Forums

Soc,
    my dh and his childs mother could  not come to an agreement in mediation (california) therefore they have an evidenciary hearing coming up in a week.  
1.What should we expect?
2. does the judge also ask questions or just the attorneys?
3. are third parties allowed to come and watch? (can bm fill the court with her extended family if she so chooses? can dh ask that they be excluded from court room as it will directly effect the bm's testimony?
4. in order to exclude her family would dh have to ask that the court room be closed?  (meaning that just he and his attorney are present and her and her attorney)
just trying to get prepared..
thanks

>1.What should we expect?

I don't know what exactly is at issue, so all I can say is that you will have a trial over those things that are "at issue" in the case.

>2. does the judge also ask questions or just the attorneys?

The court can ask questions if it wishes, but if both parties are represented, then generally, the attorneys are permitted to present their case. This is not "Judge Judy" or "Divorce Court." If you want to see how it works, go to the courthouse and sit in your judge's audience and watch a few hearings.

>3. are third parties allowed to come and watch? (can bm fill
>the court with her extended family if she so chooses? can dh
>ask that they be excluded from court room as it will directly
>effect the bm's testimony?

It's a public hearing unless someone successfully argues that their due process rights will be violated, or that they will suffer irreparable harm if the court remains open.


>4. in order to exclude her family would dh have to ask that
>the court room be closed?  (meaning that just he and his
>attorney are present and her and her attorney)
>just trying to get prepared..

Yes, but see #3, above. Court's will not generally close their proceedings. This is still the USA, not the Republic of China.

>thanks