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How is this hearsay evidence?

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  • #1
    Letters mean little... Affidavit it what you want but even that is worthless if the teacher refuses to attend court.


    • #2
      Agreed. If the teacher is important to your case they must attend court and swear an affidavit. If they are just trying to put in a good word for you it's not strong enough evidence for a judge to take into consideration.


      • #3
        Teacher spends 6 hours a day with child, and may state that child is bright, happy while in class, friendly and sociable, and shows no signs of distress relating to parent's separation. This is all the teacher can report on.

        This is relevant if the ex is claiming the child isn't doing well in school and must change schools. It is relevant if the ex is claiming the child isn't doing well in school because of the custody situation.

        If the letter is just to say that you appear to be a good parent and the child is happy to see you when you pick her up, it is not of much importance. Letters are generally of less importance because they are not sworn statements, not affidavits.

        If you can make it relevant, there is no harm in it. If it is not relevant then I wouldn't clutter up your argument with letters like that. If your ex submits letters like that, then argue that they are irrelevant for the reasons I suggested above.


        • #4
          Good advice from Mess. At this stage I'd keep it simple. Don't ramp up things unless you have to. You are asking for 50/50 which is reasonable. I'd be careful not to come across as a confrontational individual, but show that you are a calm, rational and caring parent who wants to play an important part in the life of his child.


          • #5
            Originally posted by iceberg View Post
            What Mess wrote, the teacher already filled a form asked from hospital that says stuff the the child is doing great while in school. I will use a copy of that report.

            What I wanted specifically from the teacher is to write if the child ever came to school dirty and stinky or in same clothes every day and if she writes NO, then that IMO should refute ex's lies that the kid goes to her unclean.

            I already have the teacher from previous year who is willing to witness for me, the principal offered to subpoena him if needed. Might get someone from hospital as well if she starts lying about that too.
            Iceberg: It is HER CLAIM. She needs to provide the evidence to support her claim.

            When she does that, you might need your own evidence to refute her evidence. But you don't provide that evidence for her.

            You have got to remember that judges here it all the time (claims about dirt). They don't take anything from those affidavits without factual evidence to support the claim.

            You need to focus your time on your child and THEN on relevant evidence to support YOUR claims. Nothing else.


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