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I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing

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  • 07-08-2019, 05:42 AM
    csbattle
    I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    My question involves a child custody case from the State of: CA


    Hello, so I was wondering.. I haven't seen my kids in quite a while and my hearing is coming up in oct but I want prepare my evidence early but my wife wont let me see them. so can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?


    I would guess so as it would be a right to have access to a witness of my choice.

    curious on your thoughts
  • 07-08-2019, 06:26 AM
    PMMH
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    My question involves a child custody case from the State of: CA


    Hello, so I was wondering.. I haven't seen my kids in quite a while and my hearing is coming up in oct but I want prepare my evidence early but my wife wont let me see them. so can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?


    I would guess so as it would be a right to have access to a witness of my choice.

    curious on your thoughts

    From your other post “not married to the mother, no court order as of yet. we are waiting for the hearing in oct.”
    -Changing the facts in a new post isn’t going to get you accurate information. Is she your wife or an ex girlfriend?
    -If there is no court order, there is no visitation you are being denied. The court hasn’t ordered any.
    - It’s not a Sabena, it’s a subpoena, and the fact that you aren’t aware of that is enough to show that you need an attorney.
  • 07-08-2019, 04:41 PM
    Taxing Matters
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    I would guess so as it would be a right to have access to a witness of my choice.

    curious on your thoughts

    What is that you want a video to show? If you want it show your interaction with the kids in a visit, you won't get that. A subpoena or deposition of a witness only gets you the ability to ask them questions that are relevant to the proceeding. How old are these kids? What kinds of questions do you want to ask them? I strongly advise you consult an attorney prior to going down this road. There is risk here that you may not want to take.
  • 07-08-2019, 06:10 PM
    Mercy&Grace
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    That is a terrible position to put your children in. Obviously, anything like that would be biased in your favor.
  • 07-08-2019, 10:09 PM
    csbattle
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    honestly I just want to see them and be with them, not really in it for the depo.
  • 07-09-2019, 06:07 AM
    PMMH
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    honestly I just want to see them and be with them, not really in it for the depo.

    That’s a terrible idea. If you don’t want a deposition or testimony, you don’t attempt to subpoena someone. Using these legal avenues for anything other than their intended purpose is wrong. If you want to see your kids, you go through the appropriate legal avenues to request visitation. If you have done that, you wait until the hearing.
  • 07-09-2019, 10:39 AM
    jumanji
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Thing is, if you want your kids to be "witnesses" for you, either via video or in-person, you should bear in mind that Mom has the right to cross-examine them. The court would take a dim view of it, but likely an even dimmer one of your opening the door to subjecting your kids to that. REALLY bad idea. You'd be wiser to request that a GAL be appointed.
  • 07-09-2019, 03:29 PM
    csbattle
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    I know the request is a bit far fetched and maybe a little dangerous but, when you miss your children.. you'll do anything possible to get them in your arms.
  • 07-09-2019, 03:31 PM
    PMMH
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    I know the request is a bit far fetched and maybe a little dangerous but, when you miss your children.. you'll do anything possible to get them in your arms.

    How is possibly sabotaging your entire case worth it? You have a hearing set. Do things correctly or you could risk not seeing them at all.
  • 07-09-2019, 10:13 PM
    csbattle
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    yeah, I know.. I filed for custody and hired an attorney since the beginning. I just came back, I traveled about 600 miles total to attend my hearing to modify a restraining order. I won that case and got the kids removed. I had a chance to face time with the kids that day. but since, she has punished my kids by taking their phone away because my ex found out that my kid told another kid that they missed and wanted to spend time with me and I seen the text and showed it to her at the hearing. its been 3 weeks now and I haven't heard from my kids. kinda getting desperate to and my mind is so wrapped around trying what strategy to use to be able to see my kids before the hearing as i'm not expecting anything to become of it, but maybe... and then of course the hearing out till oct. not trying to break the law , nor am I trying to make any big mistakes that could affect me in the long haul, but damn im sure there is some loophole that I could ask or request to be face to face with my kids. rather it's an interview, request for information on homework, something simple where I don't open a can of worms. I know they are coming in town so It would be the perfect time to set something up.
  • 07-10-2019, 10:39 AM
    pg1067
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    I haven't seen my kids in quite a while

    Why?


    Quote:

    Quoting csbattle
    View Post
    my hearing is coming up in oct

    Hearing for what purpose?


    Quote:

    Quoting csbattle
    View Post
    my wife wont let me see them

    Why?


    Quote:

    Quoting csbattle
    View Post
    can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?

    I assume you meant "subpoena," and you can request anything you like. It's not clear however, what purpose you're seeking to accomplish.

    In addition to the questions I already asked, what is the current custody/visitation situation? Is there an existing divorce decree or custody order? If so, what does it provide in terms of access to your children?
  • 07-10-2019, 11:44 PM
    csbattle
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    because my ex is doing it out of spite

    Quote:

    Quoting pg1067
    View Post
    Why?




    Hearing for what purpose?
    custody order


    I haven't seen my kids in quite a while
    Why?

    at first I had a restraining order on the kids then I fought that and won to take them off, so now after the restriction is off my ex is being I guess as they say a bad Co-Parent . she nor her family members return calls or texts. and refuse to let me see or speak to my children.






    my hearing is coming up in oct
    Hearing for what purpose?

    the judge is going to determine where to place the children. and provide visitation orders.
    Why?



    my wife wont let me see them
    Why?

    i have no idea ? she claims the kids don't want to see me, but my kid text her friends and she said otherwise. complete opposite actually. she text her friends that she misses me and wants to spend time together. my ex insists to refuse me access. so that's why i am trying figure out something savvy. my kid is calling for me and i cant reach her. i cant go to where she lives because i have a stay away order from mom. so..i wont risk going to jail..its a bigger headace.but i don't know how to accomplish my mission..



    can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?


    I assume you meant "subpoena," and you can request anything you like. It's not clear however, what purpose you're seeking to accomplish.

    i seeking to accomplish my goals in having a judge sign an order that requires my ex to arrange a meeting between me and my kids, for questions, video, discovery questions, well being questions.. simple things like how are you, did you eat today? what did you have ? how about your brother ? ect. simple things maybe she'll tell you that they eat poor meals. would a judge order something like that if i requested it ?


    In addition to the questions I already asked, what is the current custody/visitation situation? Is there an existing divorce decree or custody order? If so, what does it provide in terms of access to your children?


    no custody order are in place yet, but mom has possession of the kids.


    ...

    Quote:

    Quoting csbattle
    View Post
    because my ex is doing it out of spite



    ...

    Quote:

    Quoting pg1067
    View Post
    Why?




    Hearing for what purpose?
    custody order


    I haven't seen my kids in quite a while
    Why?

    at first I had a restraining order on the kids then I fought that and won to take them off, so now after the restriction is off my ex is being I guess as they say a bad Co-Parent . she nor her family members return calls or texts. and refuse to let me see or speak to my children.






    my hearing is coming up in oct
    Hearing for what purpose?

    the judge is going to determine where to place the children. and provide visitation orders.
    Why?



    my wife wont let me see them
    Why?

    i have no idea ? she claims the kids don't want to see me, but my kid text her friends and she said otherwise. complete opposite actually. she text her friends that she misses me and wants to spend time together. my ex insists to refuse me access. so that's why i am trying figure out something savvy. my kid is calling for me and i cant reach her. i cant go to where she lives because i have a stay away order from mom. so..i wont risk going to jail..its a bigger headace.but i don't know how to accomplish my mission..



    can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?


    I assume you meant "subpoena," and you can request anything you like. It's not clear however, what purpose you're seeking to accomplish.

    i seeking to accomplish my goals in having a judge sign an order that requires my ex to arrange a meeting between me and my kids, for questions, video, discovery questions, well being questions.. simple things like how are you, did you eat today? what did you have ? how about your brother ? ect. simple things maybe she'll tell you that they eat poor meals. would a judge order something like that if i requested it ?


    In addition to the questions I already asked, what is the current custody/visitation situation? Is there an existing divorce decree or custody order? If so, what does it provide in terms of access to your children?


    no custody order are in place yet, but mom has possession of the kids.


    [QUOTE=pg1067;1121687]Why?




    Hearing for what purpose?
    custody order


    I haven't seen my kids in quite a while
    Why?

    at first I had a restraining order on the kids then I fought that and won to take them off, so now after the restriction is off my ex is being I guess as they say a bad Co-Parent . she nor her family members return calls or texts. and refuse to let me see or speak to my children.






    my hearing is coming up in oct
    Hearing for what purpose?

    the judge is going to determine where to place the children. and provide visitation orders.
    Why?



    my wife wont let me see them
    Why?

    i have no idea ? she claims the kids don't want to see me, but my kid text her friends and she said otherwise. complete opposite actually. she text her friends that she misses me and wants to spend time together. my ex insists to refuse me access. so that's why i am trying figure out something savvy. my kid is calling for me and i cant reach her. i cant go to where she lives because i have a stay away order from mom. so..i wont risk going to jail..its a bigger headace.but i don't know how to accomplish my mission..



    can I request a Sabena or a deposition request on my kids to be able to document my video evidence of how me and the kids react when we are with each other to present to the judge?


    I assume you meant "subpoena," and you can request anything you like. It's not clear however, what purpose you're seeking to accomplish.

    i seeking to accomplish my goals in having a judge sign an order that requires my ex to arrange a meeting between me and my kids, for questions, video, discovery questions, well being questions.. simple things like how are you, did you eat today? what did you have ? how about your brother ? ect. simple things maybe she'll tell you that they eat poor meals. would a judge order something like that if i requested it ?


    In addition to the questions I already asked, what is the current custody/visitation situation? Is there an existing divorce decree or custody order? If so, what does it provide in terms of access to your children?


    no custody order are in place yet, but mom has possession of the kids.
  • 07-11-2019, 08:56 AM
    llworking
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Some of what the OP is posting here contradicts previous postings.

    Per the previous postings:

    OP and the mother were never married and there were never any court orders regarding the children. The children are 15, 11 and 3.

    OP committed domestic violence against the mother and there is a restraining/protection order against him that does not include the children. He has more or less admitted to the domestic violence.

    I believe charges are pending on the domestic violence situation.

    The family previously lived in CA, the mother and children moved to AZ to be with the mother's family after the domestic violence occurred.

    The OP has filed for custody in CA and there is a hearing set for October, and mediation set for September.

    The OP wants the mother to somehow be forced to allow him visitation with the child for the purpose of getting video coverage showing that he has a good relationship with his children.

    I have told him that he needs an attorney as the domestic violence issues complicates things.
  • 07-11-2019, 09:06 AM
    pg1067
    Re: I Want to Have a Video Document of My Kids to Prepare for Evidnce at Hearing
    Quote:

    Quoting csbattle
    View Post
    no custody order are in place yet, but mom has possession of the kids.

    This follow up post is a complete mess. I strongly suggest you retain the services of a local family law attorney.

    That said, the purpose of a deposition is to gather information and/or to pin down a witness to a particular story. That doesn't appear to be what you're seeking to accomplish, so it probably wouldn't be appropriate.
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