Should I attend Deposition?

[xtrude]

What is the name of your state? Indiana

What is the name of your state?What is the name of your state?Indiana

Hello,
I am involved in a divorce from an abusive husband, we have 4 children, and are in the process of going through the child custody portion. My question is, the FCS evaluator is being deposed tomorrow, should I attend? She refused or cannot attend the trial, so the deposition is it. After reading her notes and evaluation, I noticed many things that occured or were said were not noted in either.

The woman that did the evaluation took a specific disliking to me because I had started seeing a man that made me feel safe and allowed me to have the courage to leave my abusive husband. It looks to me and several others close to me that read the reports, that she specifically left things out that were told to her, like the abuse and other important things.

I feel that along with the things I do remember, that being at the deposition may trigger specific things that my lawyer should ask. My lawyer responded that I should not be there, as the FCS evaluator will be more critical of me if I was to attend.

I think that if I was there, she would be less likely to be critical and would be intimidated, and less likely to lie as there would be another at the deposition that was in the room while being evaluated.

If anyone can help, please do. The deposition is tomorrow.

Thank you very much.

 

[stealth2]

It's generally a good idea to listen to your lawyer. However, you might ask him if you could provide him with your comments (typed) regarding her report that you'd like him to address. Does he know why you want to attend?

 

[Phnx02]

What is the name of your state? Indiana

What is the name of your state?What is the name of your state?Indiana

Hello,
I am involved in a divorce from an abusive husband, we have 4 children, and are in the process of going through the child custody portion. My question is, the FCS evaluator is being deposed tomorrow, should I attend? She refused or cannot attend the trial, so the deposition is it. After reading her notes and evaluation, I noticed many things that occured or were said were not noted in either.

The woman that did the evaluation took a specific disliking to me because I had started seeing a man that made me feel safe and allowed me to have the courage to leave my abusive husband. It looks to me and several others close to me that read the reports, that she specifically left things out that were told to her, like the abuse and other important things.

I feel that along with the things I do remember, that being at the deposition may trigger specific things that my lawyer should ask. My lawyer responded that I should not be there, as the FCS evaluator will be more critical of me if I was to attend.

.

If anyone can help, please do. The deposition is tomorrow.

Thank you very much.

I think that if I was there, she would be less likely to be critical and would be intimidated, and less likely to lie as there would be another at the deposition that was in the room while being evaluated

Don't bet on it. I'm not saying these people lie, but they are trained and experienced in not letting the opposing party intimidate or "get to them". Your lawyer is probably advising you to not attend because he/she is worried you may get too upset, vocal, or disruptive if you hear criticizing remarks about yourself. Your attorney should have rebuttals ready in your defense, from prereusing the FCS's report.