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  1. #1
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    Dec 2006
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    Default 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.....

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default 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.

  3. #3
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    Dec 2006
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    Default 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....

  4. #4
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    Default 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?

  5. #5
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    Dec 2006
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    Default Re: Evidentiary Hearing in California

    CPS was never involved....

  6. #6
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    Default Re: Evidentiary Hearing in California

    Quote Quoting skylarann
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    CPS was never involved....
    So why is it an issue now? It wasn't an issue when it happened...

  7. #7
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    Dec 2006
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    Default 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.

  8. #8
    Join Date
    Dec 2006
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    26

    Default Evidentiary Hearing in California

    Let me try this again, and see if I can get any "real" answers to my question...


    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.....

  9. #9
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    Sep 2005
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    98,846

    Default Re: Evidentiary Hearing in California

    I've seen videos that look staged or contrived, even when they're not. I've seen parents who have recordings or videos that they think will prove their case, but to an objective viewer or listener they make that parent look bad. Also a video can't be cross-examined, so you're potentially putting your daughter in the witness box to say bad things about the other parent - some judges really don't like it when parents do that.

    I think you would benefit from having a lawyer on your team, and you should have your lawyer review any video that you are thinking about trying to submit.

  10. #10
    Join Date
    Jan 2008
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    Exclamation Re: Evidentiary Hearing in California

    The time to bring up the video would have been when the father's lawyer said the slap story was not true. Your lawyer should have advised to not to bring up the incident at ALL as it makes you appear to be either retaliating in a tit-for-tat manner instead of working on this issue at hand - or - you look like actual abuse of your child does not matter enough to you to make the necessary CPS report.

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