I know that sometimes the rules in family court are more relaxed. But how to I testify or question my stbx about things my child has told me, without his lawyer objecting? I am going to assume that he is not going to be very happy with me since the first thing I plan to do is impeach his client. Not to mention he has been rude and condescending already, I’m guessing since I am pro se.
Something to note, my daughter will be at the courthouse. She is almost 9 and would actually like to speak to the judge. She has even made notes about what she wishes to tell him because she is afraid she will forget something. So, she will be available to verify the statements, although I would hope in chambers as opposed to being on the stand.
You can call your daughter to testify however, it will be up to the judge to determine whether or not she is competent to testify. Generally, the older the child the more competent they will be. If determined competent (capable of telling the truth and articulating feelings, etc.), then the judge may decide to have your daughter testify in open court or in judge’s chambers by the parties’ consent. I will caution you that nine years-old is typically very young to be testifying.
You can also question the father about certain events that your daughter told you about. This would be done during your cross examination of him.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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