Don’t Call, Don’t Show?

[Sdeev Preet]

If two people, who are currently married, are in the process of a divorce, and trying to settle matters of child custody, can one of them force a third party childcare facility, who served their child pro bono, to participate in the divorce proceeding? Can they subpoena that third party who provided pro bono services (which took place once every 2 months)? Does the childcare facility need to respond to emails, texts or communications requesting character witness information or (privelege) pro bono childcare information? The childcare facility’s work is proprietary and protected intellectual property owned by the facility. I appreciate any support on this matter. Thanks in advance.

 

[Just Blue]

If two people, who are currently married, are in the process of a divorce, and trying to settle matters of child custody, can one of them force a third party childcare facility, who served their child pro bono, to participate in the divorce proceeding? Can they subpoena that third party who provided pro bono services (which took place once every 2 months)? Does the childcare facility need to respond to emails, texts or communications requesting character witness information or (privelege) pro bono childcare information? The childcare facility’s work is proprietary and protected intellectual property owned by the facility. I appreciate any support on this matter. Thanks in advance.

Are you either one of the parents or the 3rd party child care giver? If not who are you in this situation?

 

[Sdeev Preet]

I am the childcare giver. Thanks for your quick response!

 

[Just Blue]

I am the childcare giver. Thanks for your quick response!

Unless there is a subpoena you are not required to go to court. You are required to supply all records if ordered by court.
ETA; If the person who hired you requests the records you should provide them
Sounds like you are in a sucky situation. Lucky you...

 

[Sdeev Preet]

I appreciate that information. I believe this is a case of “let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” That’s Galatians 6:9. How likely is it a court will grant a subpoena in this situation given this was not a business transaction, meaning no goods were transacted for the services?

 

[LdiJ]

If two people, who are currently married, are in the process of a divorce, and trying to settle matters of child custody, can one of them force a third party childcare facility, who served their child pro bono, to participate in the divorce proceeding? Can they subpoena that third party who provided pro bono services (which took place once every 2 months)? Does the childcare facility need to respond to emails, texts or communications requesting character witness information or (privelege) pro bono childcare information? The childcare facility’s work is proprietary and protected intellectual property owned by the facility. I appreciate any support on this matter. Thanks in advance.

What do you think that party is trying to prove with your participation?

 

[Ohiogal]

I am the childcare giver. Thanks for your quick response!

IN WHAT STATE are you located?

 

[Ohiogal]

Unless there is a subpoena you are not required to go to court. You are required to supply all records if ordered by court.
ETA; If the person who hired you requests the records you should provide them
Sounds like you are in a sucky situation. Lucky you...

You are wrong in many states.

 

[Taxing Matters]

How likely is it a court will grant a subpoena in this situation given this was not a business transaction, meaning no goods were transacted for the services?

It matters in what state the litigation is taking place, and I did not see where you provided the state. It also may matter whether the parent seeking the information is represented by an attorney. For example, in the jurisdictions in which I practice, attorneys may themselves issue the subpoena because they are officers of the court. Parties without an attorney have to get the court clerk to issue the subpoena. Whether issued by the attorney or the court, generally the subpoena must seek information that is relevant or potentially relevant to the litigation and cannot seek information that is known to be privileged. It does not matter that you provided the services for free. Thus, it may well be that you will get served with a subpoena in this if what you have is at all relevant to the case before the court. If you believe that the subpoena is improper in some way you may ask the court to quash it. If you think that trade secrets or other confidential business information may be revealed by answering the subpoena then you may seek an order that limits the extent to which this information may be revealed to others outside the court and the parties to the case. I suggest if you get served with a subpoena and have concerns about how to respond that you consult an attorney of your own.

 

[Just Blue]

I appreciate that information. I believe this is a case of “let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” That’s Galatians 6:9. How likely is it a court will grant a subpoena in this situation given this was not a business transaction, meaning no goods were transacted for the services?

I appreciate that information. I believe this is a case of “let us not become weary in

I appreciate that information. I believe this is a case of “let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” That’s Galatians 6:9. How likely is it a court will grant a subpoena in this situation given this was not a business transaction, meaning no goods were transacted for the services?

I was wrong...So very sorry. OhioGal is an attorney. Listen to her. Please provide your state.

 

[Sdeev Preet]

What do you think that party is trying to prove with your participation?

One of the parties may be trying to use the information to sway the judge to grant a more favorable child custody situation and a more favorable child support situation. Also the party may be trying to get the judge to see them as having higher morality, ethics and character.

 

[Ohiogal]

What do you think that party is trying to prove with your participation?

Doesn't matter. She has no right to deprive one parent or the other of information in MANY states. She has LISTED NO STATE. Hence you are advising improperly.

 

[Sdeev Preet]

IN WHAT STATE are you located?

Arizona is where the legal proceedings are to take place.

 

[LdiJ]

One of the parties may be trying to use the information to sway the judge to grant a more favorable child custody situation and a more favorable child support situation. Also the party may be trying to get the judge to see them as having higher morality, ethics and character.

That is a pretty vague answer and not all that helpful. If you actually get subpoenaed then run the subpoena by a local attorney.

 

[Sdeev Preet]

It matters in what state the litigation is taking place, and I did not see where you provided the state. It also may matter whether the parent seeking the information is represented by an attorney. For example, in the jurisdictions in which I practice, attorneys may themselves issue the subpoena because they are officers of the court. Parties without an attorney have to get the court clerk to issue the subpoena. Whether issued by the attorney or the court, generally the subpoena must seek information that is relevant or potentially relevant to the litigation and cannot seek information that is known to be privileged. It does not matter that you provided the services for free. Thus, it may well be that you will get served with a subpoena in this if what you have is at all relevant to the case before the court. If you believe that the subpoena is improper in some way you may ask the court to quash it. If you think that trade secrets or other confidential business information may be revealed by answering the subpoena then you may seek an order that limits the extent to which this information may be revealed to others outside the court and the parties to the case. I suggest if you get served with a subpoena and have concerns about how to respond that you consult an attorney of your own.

The information is definitely priveliged information and trade secrets. Thanks for the information. Very helpful! If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.