So I’m in a very high conflict case with my ex who believes he should go from every other weekend to me only having every other weekend. His reasoning is that my partner/spouse is the second coming of Josef Stalin. There are no crimes, no drugs, nothing except “this is what I think is going on,” from his side. We have trial in about a month and his attorney just sent my attorney their witness list. It has 40 people on it. His parents, his cousins, his brother, his sisters, co-workers, his wife’s cousin. I haven’t even met 90% of these people and the ones I have haven’t been in the same room as me or my children in five years. My attorney said: “The only witnesses that are relevant are those that can speak with specificity on parenting from him or from you with specific times and dates. If they can’t do that, they aren’t going to be a good witness and will either be dropped or will get eviscerated on the stand.” Can anyone shed any light on how witnesses were used in their own custody trial?
Out of those 40, you can expect maybe 5-7 to actually be called. In general custody cases, the Courts don’t really care that much about character witnesses; everyone is expected to say nice things about the person who calls them in for that reason. Most of the testimony will come from the parties themselves and one or two key fact witnesses. Typical custody cases have one or two expert witnesses max, usually the forensic evaluator, and only they can issue their opinion as it relates to custody and parenting schedules. Expert witnesses will require prior disclosure in nearly all jurisdictions, and also there are several requirements and distinctions between expert witness testimony and fact witness testimony. The rest of the witnesses are fact witnesses. They can only testify as to what they personally observed. Lining up 40 witnesses on a witness sheet is just an intimidation move by their attorney. It also is just additional billables and makes their client feel empowered. All witness lists are just witnesses that they can potentially call. Most will not actually be called, especially if there are witnesses testifying to the same effect. It just will clog up the Courts’ time.
He’s not going to get you to be every other weekend but he could get 50/50. You might want to start opening yourself up to that reality.
Ever heard of a character witness? It’s basically the same thing. They will ask them about how you both parent and what different parenting styles you have.
If they have never seen you parent, they cannot speak about your parenting. They can only speak to what they have observed. A judge is not going to let someone who has never met you or hasn’t spoken to you in years testify as to YOUR character. They aren’t stupid. He’s just trying to intimidate you. Without some very specific acts of your bad decision-making or otherwise unfit parenting actions, he’s not getting you removed as primary so he can take over. It just doesn’t work like that.
I have no idea what his motivations are or what they will say. I’m only describing how witnesses generally work in custody cases. I’m sorry I can’t be more help. But likely yes, that’s his intention.