Is written testimony admissable?

[littlebit]

I have joint custody of 10 yr old son in Alabama, BM has primary residential.  I filed for custody and contempt of court.  Court date is 8-30-04.  Time is important because son is currently not attending school.  

My attny and GAL think there might be enough evidence to go to trial without a custody evaluation.  They, and BM's attny, are meeting with judge 8-25-04 to decide whether or not to postpone court and order an evaluation, or hear the case Monday.

We are scrambling to get some information ready for the judge to view.

Myself, BM and son have been seeing the same psychologist off and on since 2002.

1) What must written statements contain to make them 'valid' to the judge or in court?

2) How much info, or what info, is my psychologist allowed to give to me as evidence?
    a. Appointment dates my son has had?
    b. Appointment dates BM has had?
    c. Appointment dates cancelled?
    d. Who initiated counseling?
    e. Who has paid for the visits?

3) Is it legal to contact BM's prior and /or current landlords and ask questions about her tenancy?

4) Is it legal to take pictures of BM's house (outside) without her permission?

5) Can I obtain records of DHR's investigations of BM

6) Just for curiosity if ya don't mind....Is it customery for the parties to be informed of a meeting between the judge and the attorneys?  

As always, Thanks for your time and knowledge!

[socrateaser]

>1) What must written statements contain to make them 'valid'
>to the judge or in court?

The court can consider "sworn" affidavits (usually notarized, but not neceearily so, depending upon the jurisdiction) as evidence for the purpose of making orders in any hearing, except for the actual trial, prior to final judgment.

An affidavit, evaluation report, or other written witness opinion statement is hearsay at trial, unless the author is available to be cross-examined as to the statements made.

>
>2) How much info, or what info, is my psychologist allowed to
>give to me as evidence?
>    a. Appointment dates my son has had?

This would not be hearsay, if you are simply using a receipt for services rendered as evidence.

>    b. Appointment dates BM has had?

Same answer as a.

>    c. Appointment dates cancelled?

Ibid

>    d. Who initiated counseling?

Id at c.

>    e. Who has paid for the visits?

Id at c.

>
>3) Is it legal to contact BM's prior and /or current landlords
>and ask questions about her tenancy?

It's legal, but their not gonna talk to you without a subpoena, unless you are charming as hell, and even if they do, you still need them to testify or get a sworn statement if it's a preliminary hearing, which is where that charming as hell thing comes in again.

>
>4) Is it legal to take pictures of BM's house (outside)
>without her permission?

As long as you're on public property while doing it, then yes.

>
>5) Can I obtain records of DHR's investigations of BM

Yes, by subpoena, and even perhaps as the child's parent, just by requesting (depends on jurisdiction, and I don't know AL).

>
>6) Just for curiosity if ya don't mind....Is it customery for
>the parties to be informed of a meeting between the judge and
>the attorneys?  

Customary? Depends on your attorney. You have the authority to instruct your attorney (and it better be in writing, or it won't be worth spit), that he/she is not to have any communications with the judge in chambers, except with your express prior written consent.

You have a right to hear every word, but it is customary for attorneys and judges to speak outside of earshot of their clients, so much so, that it is almost unheard of for a client to insist that every word be on the record. But, you can do it -- you will probably piss everyone off -- so, weigh the risks and benefits.