Custody Question - Not Relevant to the Case


#1

I recently received a discovery regarding my custody case. There are quite a few questions about my husband on this. My ex’s attorney had sent an email stating that my current husband is not to be brought up that, “he is not relevant to the case”. Since this was said should I answer these questions about my husband? I am thinking since this email was sent and my ex’s attorney said that he is not releveant to the case I shouldn’t have to fill this portion about him out or simply put “not relevant to the case” and attach the email.

Please advise.


#2

I think it entirely depends on what the questions are and whether the answers hurt or help you. Objecting to discovery can be a lengthy process. If you object, he could bring you into court on a motion to compel, and you will have to explain to the judge why the questions aren’t relevant. If the questions are pertaining to a current spouse that lives in the residence with the children, I believe that there is a strong argument that these would be relevant. If the answers to the questions are not damaging, you should save yourself the trouble and answer them.

As for how to object to the questions if you don’t want to answer them, you should write the reason for the objection, such as that the question is irrelevant. If opposing counsel contacts you to find out why you haven’t answered the questions, you should bring up the email. Then, if you are brought into court on a motion to compel, at that time you can show the court the email that you received from opposing counsel bolstering your argument.