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  • witnesses at a divorce trial

    My son of 21years of age has offer to go to trial for me as a witness to a particular incident. His mother has told him if he tries her lawyer has said she will block him from being able to attend because he is her son. I have never heard of something so rediculous. Does anyone know if there is any such law allowing her to do this? To me if she even tried to do such a thing it is just an admission of guilt.

  • #2
    I dont think there is such a law. He is of legal age. I am just wondering if you really want him in the middle of this. I do not know the incident but can you maybe just get your ex to admit to the facts of it without putting your son in this???

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    • #3
      Originally posted by standing on the sidelines View Post
      I dont think there is such a law. He is of legal age. I am just wondering if you really want him in the middle of this. I do not know the incident but can you maybe just get your ex to admit to the facts of it without putting your son in this???
      I think that a problem? If she would admit the fact they would not have to deal with it in trial...

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      • #4
        Originally posted by WorkingDAD View Post
        I think that a problem? If she would admit the fact they would not have to deal with it in trial...
        yes i can understand that, but it all depends what the issue is and how much effect it would have have the trial. To me kids should be kept out of the divorce, no matter what the age.

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        • #5
          No such law, but judges definitely frown on it. Same situation for me, I was told not to even get an affidavit because the judges don't want the kids (even adult kids - mine is older) in the middle of the mess. I'd try for an affidavit instead of making him a witness which will be hard, regardless of current relationship it's still a parent the kid is "shooting down"... Good luck!

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          • #6
            I do not know what the incident is...but you should not bring the kids into it.

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            • #7
              Having been to trial and dealt with this, it was explained by the Courts that they do not wish to get adult age children involved especially as a witness as it might create confilcts, putting the child in a difficult and awkard position, having to face the other parent and their legal counsel as they will be crossed examined.
              Writting an affidavit is up to the child but would seriously advised to discuss with legal counsel/Family Advice Laywer before do so.
              I do not know yiour situation....but affidavit is accepted by the Courts and was explained, sometimes helps the Judge put things in perspective, see the bigger picture, and help them make a decision as to who is telling the truth when allegations are made against a child in court documents, trial.
              "no child should be shooting down the parent and no parent should be shootiing down the child", as it is between the parents who should be acting as adults. Reality is: the majority of cases involving divorce/separation, involve the chiildren. If it was not the case, we would not see so many forums, the Family Courts wouldn't be so occupied with a long waiting list, and the lawyers wouldn't be making as much.

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              • #8
                Originally posted by dumbfounded666 View Post
                My son of 21years of age has offer to go to trial for me as a witness to a particular incident. His mother has told him if he tries her lawyer has said she will block him from being able to attend because he is her son. I have never heard of something so ridiculous. Does anyone know if there is any such law allowing her to do this? To me if she even tried to do such a thing it is just an admission of guilt.
                It all depends on the "event" that the adult child witnessed. If this is something in a criminal proceeding (say an assault) then the judge will want to hear from the direct witnesses to the accusations.

                If it is family law you have to weigh the reality of what your son is testifying against. If there is a baseless allegation that you beat your wife all the time and continue to do so then you may have a reason for him to testify to the truth of the matter. But, if it is not serious enough the Judge won't really be on your side. Like if you have your son testify that you didn't forget to pick him up or pay his schooling. Those kinds of issues can be dealt with through honest testimony yourself.

                An alternative is to have your son contact your wife's solicitor and tell the truth about the matter. He is 21 years old and he can even get his own solicitor for the motion / trial to maintain neutrality in the issue. It would be best if he went in with his own representation and in a neutral manner.

                Don't recruit your son to be on your "team". It could look bad.

                Good Luck!
                Tayken

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                • #9
                  BOOK: Family law: the voice of the Child

                  Well, I would also avoid to bring child to the court but again it depend on what for as Taken said before ... If matter basically go to jail or ask your adult child to testify ... what if adult child want protect his other parent? It really really hard topic to discuss base on so little of info ...

                  if you really need it what I would recommend you try to get this book. I hope (base on contents) it will answer on if not all but most of your questions regarding matter. (and just in case - I do not have it and did not read it, and I hope will never have to ...)


                  Family law : the voice of the child.

                  Author: Law Society of Upper Canada. Continuing Legal Education. [CLE Program] (2010 : Toronto, Ont.)
                  Czutrin, George. ; McCarthy, Martha A.
                  Subjects: Children -- Legal status, laws, etc. -- Canada ; Child witnesses -- Canada ; Legal assistance to children -- Canada ; Custody of children -- Canada ; Children's rights -- Canada ; Domestic relations -- Canada
                  Identifier: ISBN: 9781897362990
                  Publisher: Toronto, Ont. : Continuing Legal Education, Law Society of Upper Canada
                  Creation Date: c2010
                  Format: 1 v. (various pagings) : ill., forms ; 30 cm.
                  Text Resource: Book
                  Contents: ["Family law : the voice of the child" ; Practice note : lawyer for the child : code of conduct ; Judges' guidelines : discussions with children early intervention process / Peter F. Boshier] -- The science of child witnesses [presentation slides] / Victoria Talwar -- Judicial interviews with children in custody and access cases : comparing experiences in Ontario and Ohio / Rachel Birnbaum, Nicholas Bala ; Judicial interviewing of children : practical implications of the social science research [presentation slides] / Rachel Birnbaum, Nicholas Bala -- Getting children of divorce to talk : safe and fun techniques to access the child's voice / Kathleen A. Clark -- [Family law : the voice of the child [presentation slides] / Janet A. Walker] -- Children as witnesses : helping children prepare to participate in the justice process / Pamela Hurley -- The problem of children giving evidence : should the Khan standard be lower in family proceedings? / Burns, Clare E. ... [et al.] -- Hearsay and how to conduct a voir dire to admit a child's statement / Anthony Macri -- Judicial interviews of children in custody and access cases : time to pause and reflect / Dan L. Goldberg -- [Of judicial precedent and hullabaloo, false science and law, and parental alienation and children's wishes / Jeffery H. Wilson] -- Judges listening to children directly in separation and divorce proceedings : individual, institutional and international guidelines / [submitted by Grant A. Campbell ; prepared by Suzanne Williams] -- Consultation on the voice of the child at the 5th World Congress on Family Law and Children's Rights / submitted by Joanne J. Paetsch ... [et al.].
                  Notes: "Chaired by: George Czutrin, Martha A. McCarthy."
                  "March 10, 2010."
                  "SKU CLE10-00302."--T.p. verso.

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