I’m a home daycare provider in Canada. I used to care for a child who had a tough home life because of his father’s lifestyle. I had reported it to CAS anonymously before, but nothing happened.
A year ago, the mother and father split up, and the child left my daycare. The father now lives near a friend of mine. I’ve seen neglect and bad situations involving the father and the child. The mother is now trying to get full custody.
The mother asked me to write an affidavit about what I’ve heard from the child and what I’ve seen. I want to help to keep the child safe.
Is there a way to give my information to the court without the father and his family knowing it was me? Or do I have to reveal my identity in court?
Writing an affidavit for someone else’s custody battle while remaining anonymous can be quite complex.
Generally, affidavits require the affiant (the person making the affidavit) to identify themselves and swear that the information provided is true. This means that remaining anonymous is typically not an option.
In most cases, the court needs to know the identity of the person providing the affidavit to assess the credibility and relevance of the information.
If anonymity is a concern due to potential repercussions, it might be worth discussing alternative ways to support the case with a legal professional.
They can provide guidance on how to proceed while protecting your interests.
If you have any more questions or need further assistance, feel free to ask!
The hearsay rule prohibits out-of-court statements (like defamation) from being used as evidence to prove the truth of the matter asserted. You would need to appear in court to present such evidence.
It’s unlikely that anonymity will be granted outside of a criminal trial where your safety is at risk, such as in witness protection program-level cases. You might consider asking the mother to have her lawyer subpoena you, which means the court would compel you to testify, so it doesn’t appear that you volunteered.
Disclaimer: I am not a Canadian lawyer; please consult with a local attorney.
In the place where I practice, which is probably different from your location, the answer is no, and moreover, you can receive a summons for questioning regarding your affidavit.