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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Can an expunged Childline report be used in court for a current

Resolved Question:

Can an expunged Childline report be used in court for a current custody petition?
Submitted: 6 years ago.
Category: Family Law
Expert:  JPEsq. replied 6 years ago.
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JPEsq. :

Even if the report was not expunged, you should object because of the hearsay rule. The party making the report (Childline) is not there ot testify, as such you cannot cross examine the source... so it should be inadmissible.

JPEsq. :

There is a "business records" exception to hearsay, but I do not think this would qualify as a business record.

JPEsq. :

But aside from all of that, the record has been expunged, so it would be inadmissible anyway.

JPEsq. :

Because it is not legally relevant (on account of the fact that the record does not "exist")

JPEsq. :

So, no, it should not be used.

JACUSTOMER-h3yj3b6y- :

Thank you for your quick response. Today, we were told that a "partial custody request" has been changed to a "full custody request". 25 years ago, my spouse had a Childine record for suspected abuse. That report has been expunged for 20 years. Just wanted to be sure we weren't blindsided in court as the person who is requesting the custody is a family member who has knowledge of the report.

JPEsq. :

If they try to admit it, just object on the grounds that it is hearsay and not legally relevant.

JPEsq. :

They will not be able to lay a foundation... it won't be admitted.

JPEsq. :

Aside from all of that, a 25 year old unsubstantiated report is not going to carry any weight, even if it was admitted.

JPEsq. :

Is there any thing else I can answer for you?

JACUSTOMER-h3yj3b6y- :

No..that is it...thanks so much!

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