Babysitters declarations against me based on hearsay of 3 year old

[DecentDad]

Hi Soc,

Now entering 4th month of evaluations with highly recommended clinical psychologist who is reputed to be sensitive to alienation tactics.

Biomom has finally provided her chunk of "evidence" to the evaluator.  Mine submitted is 200 pages of indexed evidence (i.e., no assertion is without evidence), along with 3 videotapes and 4 audiotapes.  Court ordered that we could record each other.

She has no recordings or evidence to support her long-standing contention has been that daughter suffers horribly in my care.  No single witness to my relationship with my daughter.

Instead, she has been a broken record for two years (daughter is almost four) of what daughter tells her about my home.  Awful stuff, of course.  No recordings of it, of course.

In this pile of crap she just gave the evaluator, she includes declarations of two babysitters who have been in daughter's life for the past several months.  I've never met these babysitters, and they've never seen me with daughter.

Each of them give the same account that daughter tells them how mean I am, how I never let her do what she wants, how she cries at night and I don't do anything to help her, etc.  They also say that daughter is extremely distressed after spending time with me, once to the point of getting so worked up the next day (upon leaving her mother) that she vomited.  Babysitter claims that daughter also said that she cries and vomits in my home, but she has to swallow it because I don't care.

These declarations sent me into momentary shock.  I don't understand why daughter would say those things, except if the poisoning by biomom has been so severe that all she does over there is complain to everyone about my home.

The only reliable evidence (videos, eyewitnesses) provided has shown that daughter does extremely well in my care and has a blast.  I've read so much about parenting, have completed a 30-hour parenting course, consulting with parenting expert and a family psychiatrist to create a parenting plan, etc.

BTW, I'm also married, and my [now] wife has been in daughter's life for two years.  Daughter's supposed fixation on her horrible experiences has been described to only include me.

Evaluator has witnessed my wife, daughter, and I having a great time playing in our home for a couple hours.  He's seen a very comfortable child in my care when we came into his office.

Finally, I've observed that daughter routinely shuts down when returning to biomom.  She is always happy to come to me.  If there were any truth to what she's feeling, I can't imagine she'd be so free of anxiety to come to my home?

1.  As the babysitters have never witnessed daughter with me, as all reliable evidence (other than hearsay from biased witnesses about a 3 year old's words) points to me being an exceptional father, would it be appropriate to speculate with evaluator that this is the level of poisoning that has been happening in the other home?  That daughter feels the need to say that she has an awful time in my home?

2.  Any other suggestions on handling this testimony with the evaluator?

Thanks,
DD

[socrateaser]

1. The babysitters' statements are objectionable hearsay if based on the statements of a 3 year old witness, who by-the-way should be objected to as incompetent to testify. I doubt that the court will entertain any of this babysitter testimony, but if you got the babysitter's on the stand, they would quickly look pretty foolish claiming that the child told them all of these sophisticated thoughts.

What IS admissible is the babysitters' present sense impressions of the child's behavior, but only if it can be shown that this behavior is caused by having been in your custody and control. I'd say that the other attorney will have a real proof of facts problem here, and frankly, I doubt that he/she would introduce any of the babysitters' testimony.

If your ex is in pro per, then I wouldn't be worred, because she won't have a clue how to get past your attorney's objections.

[DecentDad]

.