Is her lawyer crazy

[curious564]

Soc,

My friend has a nutty ex with lots of really bizarre gross stories about the disgusting disrespectful crazy things he has done.  

After three years of separation she is seeking a divorce - he has not chosen to visit the children in three years and now wants visitation.

The children do not want to see him - he was an abusive jerk.

Her lawyer is telling her not to subpoena witness because they are not wanting to get involved and would be (according to the lawyer) worse than no witnesses.

Okay - the kids remember this behavior.  All of them do, and will testify to that.  The attorney is saying he doesn't want the kids in court.  She wants them in court, they don't want to visit their Dad.  

Her attorney is telling me also that the judge may take my kids away and put them in foster care.  Honestly, has this EVER been done over a divorce case? I'm sitting here in shock that he even insinuated that particular thought.

1.  Does this sound like good advice from the lawyer?
2.  Would you want the children to testify?
3.  Would you subpoena these witnesses to his abusive behavior.

Her SIL is a lawyer - does this sound like maybe her lawyer is trying to wimp out at my friend's expense because of professional relations?

curious

[socrateaser]

>1.  Does this sound like good advice from the lawyer?

There is nothing in the facts that you have posted that would suggest that a judge might order the children placed in foster care, or why. But, there may be other facts that you are not posting that would lead an attorney to suggest that possibility.


>2.  Would you want the children to testify?

Depends upon their age, and the issue, and how much animosity exsits between the parents. Asking children to testify is frequently a tacit admission that you will act against their best interests in order to promote your own. Judges only want the children to testify in the most extreme circumstances, where no other alternative exists. Otherwise, it's a pretty high stakes gamble, and most of the time it backfires on the party calling a child as witness.

>3.  Would you subpoena these witnesses to his abusive
>behavior.

I will not subpoena any witness unless that person signs an sworn affidavit stating, in advance, the truth of everything that the witness will testify to on the stand. This is my insurance policy, because if the witness suddenly changes the story in court, I can bring out the affidavit and treat them as hostile or refresh their recollection as necessary.

The only time that you call a hostile witness without any backup is if you have just discovered that person's value based on facts ascertained during trial and the hostile witness is right there in the courtroom audience.

>Her SIL is a lawyer - does this sound like maybe her lawyer is
>trying to wimp out at my friend's expense because of
>professional relations?

Calls for too much speculation...no comment.