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Evidentiary Hearing in California

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  • 06-28-2010, 10:03 PM
    skylarann
    Evidentiary Hearing in California
    So we went to court today....
    In mediation it was brought up by my ex that my current husband disiplined our child and he was not happy about it. When that was brought up, I brought up and incident where my child had told me that her father slapped her in the face very hard. When the mediator spoke with my child she again told the mediator about the slapping incident. We live in a county where the mediator files a report to the judge. The mediator voiced her concern with the slapping and recommended full physical custody to me (we had 50/50), and he was to have every other weekend. His attorney then told the judge that I lied about that all and I made her say that. I have video of her telling me about the incident of the slapping. It is on my phone and the phone was hidden and my daughter was unaware of me recording anything. I often recorded our conversations after I picked her up because she usually would cry about everything she had to deal with at he fathers home. She is 5 years old. She begs and pleads to not go with her father because she fears him.

    So we now have an evidentiary hearing on August 13, and I was wondering if the video I have will be able to be used at the trial. It shows very clearly that my daughter told me about the hitting and I had no part of leading her to say anything.....
  • 06-28-2010, 10:11 PM
    CourtClerk
    Re: Evidentiary Hearing in California
    You allowed some random man, not related to your child in ANY way to discipline her in WHAT way?

    Your husband is a whole hell of a lot different than the child's FATHER. If you can't see the difference, I'm scared for what's going to happen to you in court.
  • 06-28-2010, 10:13 PM
    skylarann
    Re: Evidentiary Hearing in California
    He was complaining about the time out that my husband put her in. She gets a 5 minute time out as punishment in our home. We understand that they have seperate relationships....
  • 06-28-2010, 10:16 PM
    CourtClerk
    Re: Evidentiary Hearing in California
    Also, if you were so concerned about this slap in the face, what did CPS do when you informed them of this incident? Or did it only become an issue when this child's FATHER brought up your husband disciplining your (joint) child?
  • 06-28-2010, 10:20 PM
    skylarann
    Re: Evidentiary Hearing in California
    CPS was never involved....
  • 06-28-2010, 10:21 PM
    CourtClerk
    Re: Evidentiary Hearing in California
    Quote:

    Quoting skylarann
    View Post
    CPS was never involved....

    So why is it an issue now? It wasn't an issue when it happened...
  • 06-28-2010, 10:26 PM
    skylarann
    Re: Evidentiary Hearing in California
    This is all new information, we had just found out about the slapping of the child and we had already had a court date. My ex already has enough criminal convictions and problems and I knew that I was not going to help any situation by getting CPS involved when we were getting ready to go to court. My husband is the one who pays her schooling, her medical, her clothing... He is a father figure. I know he can and will never be her FATHER... I don't want her to lose her father, I just want her safe and happy.
  • 06-28-2010, 10:45 PM
    skylarann
    Re: Evidentiary Hearing in California
    I am a mandated reporter!! This was reported to the court! Why do we have to blog CPS up with a incident that was going to be dealt with in days?
  • 06-28-2010, 10:47 PM
    CourtClerk
    Re: Evidentiary Hearing in California
    Because the family court doesn't have the ability to criminally prosecute abuse. You would agree that if your child was being ABUSED, you would want your child's assailant prosecuted.... correct?

    Lemme guess, I don't want him prosecuted... I just want to screw him in court. Yeah... ok. That'll fly. I hate to tell you sweetie, but a judge is going to see RIGHT through you.
  • 06-28-2010, 10:51 PM
    skylarann
    Re: Evidentiary Hearing in California
    It was a one time incident that she told me about..... If it were a commen complaint then CPS would be involved.... The only reason it was brought up was because I was asked about concerns.....I did not even expect it to get this far with the slapping..... It was the judges decision to look into the abuse..... My ex has severe anger management issues that have been brought up in court.... He has "anger is a gift" tattooed across his entire back.... I knew he was an abusive person, but I never thought it would be directed towards his daughter....
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