Father violating orders

//Father violating orders

Father violating orders

Question:

I filed an emergency hearing because my daughter told me her father left his older teenage son babysitting our daughter so he can work and the boy can not be unattended with her per court orders. The hearing got denied I’m assuming because she isn’t in danger. So I’m waiting on the hearing date anyway because I filed it as contempt as well. The father also isn’t supposed to drink around our daughter during his time and she told me he is anyway. I’m very stressed. I always knew he would not care about the rules the magistrate gave him. I had a deputy talk to my daughter and he wrote up a report with the information my daughter gave him. Would this be admissible evidence in court to prove the contempt? I questioned the father in writing asking him what was he thinking knowing he can’t leave the son unattended with our daughter. At no time did he deny it, just said “you don’t know the whole story”. Also, at the hearing can I ask the judge if she can appoint a guardian ad litem or do I have to file another motion for that? I can not afford hiring an attorney again. We already had trial.

Answer:

 I think it would be best for you to file another motion for appointment of a GAL so that the other side is on notice that you will be requesting that. As far as the police report, I do not think the Judge will accept it as evidence as it is hearsay and contains child hearsay as well. The best course of action will be to subpoena the police officer to attend the hearing, and then the police officer can testify. I am sorry to say, and I know that money is tight, but only officers of the court, hold subpoena power. So if are pro se, you will not be allowed to subpoena any witnesses. You can perhaps ask the officer to attend the hearing but they usually won’t unless they are under subpoena. Best of luck to you.