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can a domestic judge make a ruling by only hearing one sides version?

in a custody hearing, the judge only heard one sides version when the other side offered to close and the judge accepted then made her ruling according to only one side...is that legal, can she ethically do that? Could that be considered biased, especially if that has been a patten of many of the hearings?

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Anonymous

Asked by Anonymous at 9:20 AM on Jun. 7, 2009 in Relationships

Answers (4)
  • If one side chooses not to add to the case/argument and declines, then the Judge may make her ruling based on what she has heard. Nothing unethical about that! As long as both sides have had the OPPORTUNITY to present their case, then the ruling will be upheld. If one side was DENIED the opportunity, then you would have grounds for an appeal to whatever ruling is handed down.
    LoriKeet

    Answer by LoriKeet at 9:26 AM on Jun. 7, 2009

  • were both sides there and ready to present thier story? If only one side was there, or only one side was ready.... then yes, it is legal.
    VeronicaLee

    Answer by VeronicaLee at 9:31 AM on Jun. 7, 2009

  • yes both side were there, but one side did not present...it was by choice, and the judge ruled. Every hearing presented regarding this particular case has been set up that way and at each hearing the opposing side rested with out presentation & the judge rules. I find it rather odd that every hearing regarding this particular case ends in that fashion....makes perfect since LoriKeet (above answer) thanks guys!
    Anonymous

    Answer by Anonymous at 9:50 AM on Jun. 7, 2009

  • If one side chooses not to say anything to try to help their case, or chooses not to show up, then yes, it's legal. You can't punish the side that shows up and presents their case b/c the other side chooses not to.
    tropicalmama

    Answer by tropicalmama at 10:51 AM on Jun. 7, 2009

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