Q: If there's no physical evidence that a person is in contempt of court (abuse), what other evidence is admissible?
My son recently came to me that his father is hitting him as a form of discipline, which is a violation of custody order that states either parent cannot use corporal punishment as discipline. My son stated that there were bumps on his head and bruises but all have disappeared by the time he came to me. Since there are no physical evidence to prove contempt of court, what other evidence is admissible to the court? Can I request that a mediator speaks with my children and use that as evidence?
A:
Courts generally frown upon the children testifying directly with the court -- preferring to keep them at arms length from the proceedings. That said, there are ways to do this. A child custody evaluation or a minor's counsel appointment may get some court-admissible insight to what is going on. In Tulare County, sometimes recommending mediators will talk to the children directly if they are old enough.
You're right, though. You're going to need evidence to prove this case.
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