For it to matter?
I have an eight-page letter, written by “Kathy” whom I’ve discussed in other posts here. In it, she goes into tremendous detail about the immoral and illegal activities she and my ex participated in. Smoking pot together, him buying her pot, getting her to lie to me, getting my younger child to lie to me, all kinds of stuff about sexual allegations between the two of them. At our temp hearing, they both denied any of this activity–although it’s been an issue, a huge one, for me for literally years. (I have never gotten over it, honestly).
From what I have been told by an attorney I went to see for a consultation, they probably don’t want her there. She’s too much of a liability to them now. Yes, I was stupid, and I told them that I had found this letter. It’s an email, stamped with the AOL stuff on teh bottom of each page, nothing tampered with.
But if I wanted the judge to “hear” this letter, would Kathy have to be there, or is the email itself considered her “written testimony”? Does she have to be there in order for me to read it out loud to the judge. Trust me, this is an unbelievably damning letter. She wrote it to my ex, once she figured out on her own what he had done to her during her teen years (You stole my mother from me . . . you emotionally raped me . . . you lied to me about her [me] and to her about me, etc, etc, etc, etc,) with LOADS of details, all of which match what I myself reported to CPS years ago.
Do I have to subpoena her, in order to get this entered into evidence?
The fact that they both denied what happened during the temp hearing . . .is that allowed to be brought up at the permanent hearing. For me, in real life (and court’s not real life, in my opinion), this letter just indicates the amount of emotional and mental damage done to my daughter by my ex. And the dishonesty–they are both inveterate liars. She lies to me, she lies about me, and she walks into court takes and oath, and lies to the judge about me. Same for him. This letter really shows so much of the dysfunction that my ex was responsible for.
Does she have to be there?