Legal Question in Family Law in California
To and about what can a a subpoenaed teacher testifyregarding a student and/or parent? Are they limited to progress and /or behavior in school? Can they make judgements about either parent's suitability as a parent or effectiveness as a parent? What are their limits and liabilities?
3 Answers from Attorneys
The teacher may testify to anything that the teacher has observed or witnessed. If, qualified as an expert the teacher may give an opinion on an issue which the teacher's training and experience could help the judge. Suitability and effectiveness as a parent would probably not be one, but that may vary by judge. I suggest that you have an attorney to assist you with this. Good Luck, Pat McCrary
I would add that there are no liabilities, unless the teacher commits perjury. Court testimony is privileged, unless it is perjury.
The teacher can only testify as a percipient witness. That means the teacher can testify as to things the teacher actually witnessed. The fact that someone has a teaching credential does not make them an expert witness about parenting, or who is the best parent.
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