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  1. #1
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    Apr 2019
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    Default 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

  2. #2
    Join Date
    Sep 2017
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    493

    Default 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 ďnot married to the mother, no court order as of yet. we are waiting for the hearing in oct.Ē
    -Changing the facts in a new post isnít 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 hasnít ordered any.
    - Itís not a Sabena, itís a subpoena, and the fact that you arenít aware of that is enough to show that you need an attorney.

  3. #3
    Join Date
    Oct 2014
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    7,345

    Default 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.

  4. #4
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    Jun 2014
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    3,044

    Default 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.

  5. #5
    Join Date
    Apr 2019
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    11

    Default 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.

  6. #6
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    Sep 2017
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    493

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

    Quote Quoting csbattle
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    honestly I just want to see them and be with them, not really in it for the depo.
    Thatís a terrible idea. If you donít want a deposition or testimony, you donít 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.

  7. #7
    Join Date
    Jun 2010
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    641

    Default 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.

  8. #8
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    Apr 2019
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    Default 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.

  9. #9
    Join Date
    Sep 2017
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    493

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

    Quote Quoting csbattle
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    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.

  10. #10
    Join Date
    Apr 2019
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    11

    Default 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.

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