Question about hearsay

[lovehiskids]

Soc,

MOther is CP, Father is NCP. Kids are 8, 6, and 3.

CP is making accusations in the interogatories that NCP forced the oldest two children to sleep in the backyard in a tent on visitation weekends. Her only evidence of this hapening is the children telling her.

On the weekend in question NCP lived in a apartment complex with no yard. NCP has never owned a tent.

1. Is this just hearsay?

2. Can the CP introduce this as a reason that NCP should not have the kids?

3. Since it is CP word against NCP's word, what can the NCP do to show that this is not true? Would pictures of the apartment complex showing no place to put a tent be good enough?

Thanks Soc


 

[socrateaser]

>1. Is this just hearsay?

Hearsay is an out of court statement made by someone other than the declarent and offered to prove the truth of the matter asserted.

The statements of the children are hearsay unless they are available for testimony. If she offers these statements as evidence, then you must object to them as hearsay, unless the children are examined by the court. I would ask the court to have the children examined by a therapist to determine why they would make such an unusual statement.

>
>2. Can the CP introduce this as a reason that NCP should not
>have the kids?

Yes, but if you object, then the evidence will probably be struck.

>
>3. Since it is CP word against NCP's word, what can the NCP do
>to show that this is not true? Would pictures of the apartment
>complex showing no place to put a tent be good enough?

No, assuming that the court admits the hearsay evidence, which it shouldn't (but it could -- judges can ignore the law and challenge you to appeal their rulings), I would as for a continuance to give you an opportunity to subpoena the apt manager to testify that you lived at the location at the time the incident is alleged to have taken place, and that the photos fairly and accurately represent the outside area of your apartment, and that not even a small pup tent would fit in the yard.

[lovehiskids]

Soc -

The kids deny they told their mom any of this.

They had NO idea what we got this idea.

OSS looked at his dad like he had grown horns.


The kids are having a psych eval in the next few months before court

You are WONDERFUL!!