Legal Question in Family Law in New York
subpoenas
plse tell me if it is legal to serve a subpoena by lying to get it served, a note was left on the door by ex-wifes father saying he had some clothes to return to children. and they were hiding down the road, waiting for us to return home. we read the note taped to door, said to call them to arrange a time to meet to return children's clothes, about 5 min. later, they knocked on door, my husband went out, and he said do u got my kids clothes, and he says here, you have been served. we were told that because they lied, that it was under false pretenses, and we could get it thrown out. we had filed a violation of custody order against mother, my husband has placement of children, and she refused to return 1 child, and would not let or take her to school, police finally got ahold of her and child was returned to us at police station. other child refused to go with her. so on her visitation the following friday, after she refused to bring home child, we did not let kids go to her house, in fear she would run with them, and not let them go to school, as to why she filed a violation against us our ? is about the serving of the subpoena thanx for any help
2 Answers from Attorneys
Re: subpoenas
Notwithstanding the trickery, sounds like "good" Service to me.
It is also likely the Court will consider it, "good" service too.
If not, they will merely serve the docs again.
Ask the Court for the time you need to obtain counsel and prepare your case, rather than trying to create problems for yourself.
Good luck,
Phroska L. McAlister,ESQ
Re: subpoenas
such devices are absolutely proper
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