Q: Someone with my child’s school made an MUI report on me. I was not informed and now it’s being used against me in court
The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not find out this report existed until now, conveniently a few days before the next hearing and the incident occurred well over a month ago. Nobody will show me the report either. I only know it exists. There is also reason to believe the person has a motive to make false allegations. How is it that I can be kept totally unaware of something, that was unfounded for that matter, and it be allowed to be used against me and potentially cost me custody of my daughter?
A: This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency /neglect case or is this a custody case? The GAL's file is discoverable in discovery if it is a custody case rather than a child welfare (dependency /neglect) case. In either event the cure before trial would be to file a motion-in-limine and object as the report is hearsay. There are many exceptions to the hearsay rule so having an attorney to argue these motions if very important.
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