Legal Question in Family Law in Maryland

Deposition of 10 year old

I received a notice of deposition for my 10 year old for a modification of visitation case. I filed a mod b/c her father slashed my face open in front of her. There is a criminal hearing scheduled AFTER the depo. How can I prevent my 10 year old from being deposed by my ex's lawyer (who is also the lawyer in the criminal case)?


Asked on 7/14/09, 10:15 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Deposition of 10 year old

You need to file a motion for a protective order in the case, asking the court to prevent the deposition due to the age and circumstances. You would be well advised to seek the services of an attorney experienced in litigation to assist you. While it's understandable that the father's attorney wants to find out what your daughter would say to help prepare for both cases, judges in family cases usually don't allow children this young to testify in open court. Instead, the judge has a private conversation in chambers with the child so that the child doesn't feel like she's being pitted against one parent in favor of the other.

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Answered on 7/14/09, 10:34 am


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