In litigation for R.O. & modify exchange local. No custody changes. Have 50/50. Ex responded to OSC with false allegations(alcohol & domestic abuse). In Aug. Judge appointed minors counsel, a 50 yd R.O. for both, no drinking for both. Ex is a Cop. Ex called DCSF in June, they came in late Aug, investigated, reported all claims as "unfounded". Minors counsel reports no evidence for custody change. Ex wants full custody, but it's not in writing. Now my attorney wants a deposition with ex before next court date. I've spent $23G to get back to square one. Is it worth the money? Ex is a great lier! Any advice would be great.

A deposition with your ex would put the answers out there. Your ex wouldn't be able to change the answers in court. Personally I would spend the money. Your fighting for your kids and you have already spent so much why give up now?

Most likely if the kids counsel reports there is no evidence for a custody change then there won't be, but you never know what can happen or what new thing may come up. A deposition may help clear most of it up.

Hello aero:

You want to know the value of a deposition.

I can't put a value on one little procedure in a great big process. However, $23K for a restraining order sounds pretty expensive.

I suppose I don't quite understand your situation. I appreciate your brevity, because we don't read LONG sad stories. However, I can't really tell what you're up to, so I can't offer any real advice - and I'm pretty damn good.

excon

A deposition is a written transcript of what is basically a question and answer session with the parties under oath - it is then used in any other Motions, trials, for the purpose of cross examination. Also gives all sides an idea of what the issues are, what the parties are claiming. I've seen people torn apart in Court when that testimony contradicts testimony at a deposition - depositions are taken in the presence of a notary public, Court reporter, Attorneys from both sides (Attorneys question and also cross exam), "rules" are somewhat more loose than Court appearances, both parties. In NYS all sides get copies of the printed deposition and the party testifying must sign that they have read it, it is true and correct to the best of their knowledge.

And, yes, excon speaks the truth - he/she knows his/her stuff!