Q: Can a Court interview a minor child without hearing from the Defendant? How can I stop the interview?
I am the Defendant in a custody case. The Court held a hearing on July 15th which I was unaware of - no proper notice from the Plaintiff who has my email and phone as well. On July 22nd I received the Court order stating that the Court will interview the child on August 18th. The child was internationally abducted by the Plaintiff in 2007 and has already suffered trauma. This interview will hurt and confuse the child and I'm wondering how exactly to proceed. I have an emergency motion I am planning to submit shortly.
A: I suggest that you hire a lawyer that is familiar with CP&P procedures and policies. Once a judge has made an order it is rare that a judge will change this order without supporting case law and legal arguments. Sure a lawyer that handles these types of cases is not free and you can spend a lot of money in litigation as many of my client have, but isn't you child your most important asset. Hiring a lawyer shows the judge that not only do you care about your child but also that your willing to put your money where you mouth is.
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