im going thru a divorce and yesterday was a mediation hearng from the court and he did not show up. my next court date is 04/26/2017 and my son really wants to write a letter or go to court to testified against his father. what can i do to submit his letter to court before the 26 of april. please help me
This usually causes more trouble than it is worth for the following reasons. You are allowing him to partake in the case. He is a child. He will be disappointed if the court rules another way. Rather, let him have his therapist present a reasoned analysis without violet the privilege (therapist). Further, FC 3042 specifically allows a child to address the court - this is usually done one to one with the Judge in chambers. Other courts allow the child to speak with the mediator. Another option is to appoint an attorney for the child. t
In California, the judge must consider his wishes because he is a minor. If Minor's Counsel is involved, having him go through Minor's Counsel is often the best way to go. Also, he should know that any letter he writes to the judge will be copied so all parties to the case and attorneys can read it also.
Although his wishes should be considered, he should not be in the middle. You should let him know that you and your ex will make sure he is taken care of no matter what is decided, and that he will be okay.
Your county is a recommending county and you can get the child's wishes through the recommending counselor. Even if it is not what is being recommended, the child's wishes can be made known through the Recommending counselor.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
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