Depositions and attorney/client privelege?

[hoodlum]

What is the name of your state (only U.S. law)? Indiana

Visitation issue with CP. Teen refusing visitation. CP getting ready to have deposition.
CP boldly advised NCP after daughter's refusal that daughter had been to see an attorney and that they were advised that a teen could refuse visitation, thereby removing CP from responsibility.

I was told that my attorney can not ask CP who told CP and teen that the teen could deny visitation because that would be attorney/client privilege.

If CP already stated to NCP that they were advised this by the attorney doesn't that disclosure remove attorney/client privilege?

Doesn't it also prove that CP acted willfully and intentionally in the refusal of visitation by assisting the daughter in the refusal.

Also will a judge see through this premeditation?

[Zigner]

Originally Posted by hoodlum

What is the name of your state (only U.S. law)? Indiana

Visitation issue with CP. Teen refusing visitation. CP getting ready to have deposition.
CP boldly advised NCP after daughter's refusal that daughter had been to see an attorney and that they were advised that a teen could refuse visitation, thereby removing CP from responsibility.

I was told that my attorney can not ask CP who told CP and teen that the teen could deny visitation because that would be attorney/client privilege.

If CP already stated to NCP that they were advised this by the attorney doesn't that disclosure remove attorney/client privilege?

Doesn't it also prove that CP acted willfully and intentionally in the refusal of visitation by assisting the daughter in the refusal.

Also will a judge see through this premeditation?

Never take legal advice from the opposition. Talk to your own lawyer.

[Ronin]

...daughter had been to see an attorney and that they were advised that a teen could refuse visitation, thereby removing CP from responsibility.

Either the attorney your daughter spoke to was wrong or you were lied to by the CP or your daughter.

Your own attorney does not need to contact anyone about the correctness of the above satement and should be able to explain the law to you.

The simplest way to take care of this is to have your attorney send a short memo to her attorney advising her of the issues and the law here. In the event CP refuses to comply you would need to go back to court to resolve this.

[hoodlum]

This is going into court. Court date already scheduled. Deposition is for discovery. CP had family member (grandfather) take daughter to see attorney. CP told NCP and the local police department that the attorney had advised her father and daughter that the teen did not have to comply with visitation. Teen had the right of refusal. Grandfather even called police chief at police station and told the chief what the attorney advised them. He also told them that they had no right to interfer.

Since that point in time the teen has made the same statement to the NCP, that they were advised by their attorney that she has the right to refuse visitation. She has also made the statement that their attorney told CP to say she was trying to get teen to comply.

I just thought if the CP answers at the advice of her attorney that it would show intent on her part to deprive NCP visitation.

I could see an attorney telling CP to file for a modification of parenting time but advising that teen continue existing schedule until it may be changed.

I could not see an attorney telling a client to go against a court order.

Wouldn't that be grounds for a disciplinary action.