Mother has taken children from home, she has a history of substantiated neglect and mental health issues, she sought safe haven (unfounded reason) and I am seeking custody of children. I have an ex parte hearing to try and have children returned home, and also seeking custody. What can I use in court (Affidavits from her family, friends, past neglect case, past police report, medications)? And/or can I use these in a formal custody hearing.
Ex parte orders are not often a hearing but rather are mostly done on the papers with applicant's sworn affidavit. If the ex parte motion was submitted and a hearing date set, the papers probably needed to be served for the hearing to take place. At a hearing you need witnesses to be present Affidaivts are hearsay, police reports need the officers, past neglect cases may not get in due to confidentiality issues. You need a lawyer who is skilled in family law especially if the children are in danger. A judge will want to be sympathetic but has rules that need to be followed
This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question. Attorney Norris is licensed only in Connecticut and does not provide legal advice outside of the State of Connecticut. Answers given are solely not to be considered legal advice. For legal advice contact an attorney licensed in your state.
I agree with counsel. He provided an excellent answer to your question.
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