Legal Question in Family Law in Massachusetts

present during court

My ex and I are going to court in a few days. It is between him and I . His mom said to me she has somethings to say in court. Can she be present or can I ask the judge to not have her in the room because this is between her son and I? Also he has been abusive to me, drugs and alcohol. We have a son together. This was about 3 1/2 years ago. He just stepped back into his life a couple months ago. Thank you for your help.


Asked on 12/01/08, 10:40 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: present during court

The judge is unlikely to clear the courtroom without a history of violence or some other special need for privacy. The judge also has the right to hear from anyone who may have relevant evidence. If the mother has something truly relevant to say about things she has witnessed you say or do, the judge may want to make reasonable inquiry. That being said, the judge is likely to keep matters to the parties or their attorneys if it is a motion hearing.

The best tactic in cases like this is to play it as cool as possible. If what mother will say is nothing but vindictive fluff, an experienced judge can and will ignore her. The harder you fight against such testimony, the more the judge may want to inquire -- as a good judge and a human being, the judge may become interested in what someone has to say when you are so wholeheartedly against the testimony.

It is difficult to give anything more than general advice in this form. You should contact an attorney for advice based on more specific facts.

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Answered on 12/01/08, 11:22 am


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