Subpoena?

[AGirlAndHerCrow]

What is the name of your state (only U.S. law)? Illinois

Long story short...a man my husband and I used to be friend's with is threatening to subpoena us in his custody case. He wants us to testify to that he is a great father. He hasn't even filed it yet but said we had until he filed to voluntarily testify or be subpoenaed. We already said we want nothing to do with him or his bogus custody case. So I guess we will be subpoenaed.

My question is that in custody cases do they allow subpoenas? Also will they question us before court about what we have witnessed in regards to his parenting skills?

 

[tranquility]

You might mention that, if you are unhappy with getting a subpoena, you might inadvertently misconstrue events. For example, a person who likes him might say that he is a tough but fair dad. One who does not might call him harsh and judgmental.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois

Long story short...a man my husband and I used to be friend's with is threatening to subpoena us in his custody case. He wants us to testify to that he is a great father. He hasn't even filed it yet but said we had until he filed to voluntarily testify or be subpoenaed. We already said we want nothing to do with him or his bogus custody case. So I guess we will be subpoenaed.

My question is that in custody cases do they allow subpoenas? Also will they question us before court about what we have witnessed in regards to his parenting skills?

He wants to try to force you to testify that he is a great father, whether you are willing to do so or not? Is the guy nuts???

I really wouldn't worry about it at this point. Surely he will come to his senses (or his attorney will make him come to his senses) that trying to force someone to testify that he is a great father is NOT a good idea.

 

[Artemis_ofthe_Hunt]

As with any subpeona, you follow the terms. If you are ordered from the court to appear, you do. If someone asks you questions, you answer them, as honestly as you can. I doubt that the attorney would allow you to testify "for" his client without diposing you first, but if he's appearing Pro Se, he's likely to presume that you're going to do his case positively.

Best piece of advice. Show up when/ if you're ordered to, and be as honest as you can be.

 

[AGirlAndHerCrow]

He wants to try to force you to testify that he is a great father, whether you are willing to do so or not? Is the guy nuts???

I really wouldn't worry about it at this point. Surely he will come to his senses (or his attorney will make him come to his senses) that trying to force someone to testify that he is a great father is NOT a good idea.

Yeah, he is nuts. He thinks we will tell the truth he wants to hear, but the truth is he is a terrible dad.

 

[AGirlAndHerCrow]

As with any subpeona, you follow the terms. If you are ordered from the court to appear, you do. If someone asks you questions, you answer them, as honestly as you can. I doubt that the attorney would allow you to testify "for" his client without diposing you first, but if he's appearing Pro Se, he's likely to presume that you're going to do his case positively.

Best piece of advice. Show up when/ if you're ordered to, and be as honest as you can be.

We will, it probably won't be the answers wants to hear.

 

[mistoffolees]

We will, it probably won't be the answers wants to hear.

Oh, well. He'll eventually learn not to subpoena people without asking them.

If you care to be involved, I'd let him go ahead and issue the subpoena. If you're trying to stay out of it, I'd recommend what someone else suggested - tell him that you don't think you can testify as he would like you to.