Spouse testifying

[janM]

What is the name of your state? Ohio

My son was recently successful in court in getting supervised visits for his son's mother (ncp). There was a brief review today, and the matter will be reviewed again in April.

He may want to subpoena mom's husband (they are separated, not legally). Is there any rule in Ohio about testifying against one's spouse?

 

[Zephyr]

What is the name of your state? Ohio

My son was recently successful in court in getting supervised visits for his son's mother (ncp). There was a brief review today, and the matter will be reviewed again in April.

He may want to subpoena mom's husband (they are separated, not legally). Is there any rule in Ohio about testifying against one's spouse?

he can't be forced to

 

[janM]

What if he does willingly?

 

[Zephyr]

this question is answered with an easy google search...

additionally, bringing in mom's soon to be ex husband may backfire- as he would clearly have an axe to grind against his soon to be ex-wife....see where I'm going? in court, credibility is key....discuss this thoroughly with your attorney and make sure this is the right thing to do

 

[janM]

I see your point. Son hasn't decided yet. He is pro-se.

He is subpoenaing a CPS caseworker who is investigating the incident that brought all this about, she has spoken with the child.

Thanks for the replies.

 

[Ohiogal]

I see your point. Son hasn't decided yet. He is pro-se.

He is subpoenaing a CPS caseworker who is investigating the incident that brought all this about, she has spoken with the child.

Thanks for the replies.

And whatever the child has said is considered HEARSAY and NOT admissible.

 

[janM]

And whatever the child has said is considered HEARSAY and NOT admissible.

Even when repeated in court by a professional? Would it not be on the same level as a psychologist or a GAL?

 

[Ohiogal]

Even when repeated in court by a professional? Would it not be on the same level as a psychologist or a GAL?

NO! And even then it is hearsay however there are exceptions to the hearsay rule. A CSB worker is NOT under the exception. They will not be able to state anything the child said or anything regarding their beliefs of the child.

 

[CLBKLCDTB]

Even when repeated in court by a professional? Would it not be on the same level as a psychologist or a GAL?

Are there medical reports or police reports to back up what the caseworker will be testifing to in court?

 

[janM]

So, is there anyone who is under the exception?

 

[janM]

Are there medical reports or police reports to back up what the caseworker will be testifing to in court?

There is a police report that states that the child was present, but that's all. It doesn't mention his state of mind at the time. It was not a physical attack on him, she held a knife to her wrist and threatened to kill herself. Within a few feet of her son.

 

[Ohiogal]

Are there medical reports or police reports to back up what the caseworker will be testifing to in court?

With medical reports, a record custodian is necessary. Police reports are also hearsay.

 

[Ohiogal]

So, is there anyone who is under the exception?

Hearsay exceptions -- a GAL will be able to testify what is in the child's best interests based on the GAL's interviews; statements made while procuring medical treatment are hearsay exceptions and statements made by parties to the case (in this case, mom and dad) are hearsay exceptions> There are also others.

 

[janM]

Thanks for all the replies. I think he needs a consult with an attorney.
OG, you don't practice in Wayne county, do you?

 

[Ohiogal]

I could but I haven't. Jan your son needs to read the rules of evidence and understand them. As well as the local rules.

Is mom under psychological counseling? Has her psychologist/psychiatrist been subpoenaed or a court order requested to force said medical professional to testify? If she is not under counseling why not? Was the child removed under JR 6 from mother's presence by police? He can subpoena the police officer who took the report or was present and witnessed any of this. He can also question the CSB worker regarding the worker's observations or conversation with mom.