In legal contexts, relevant and admissible evidence refers to evidence that is deemed appropriate and permissible in a court of law.
Relevant evidence is evidence that tends to prove or disprove a fact in question in a legal case. For example, in a criminal case, evidence that a defendant was seen at the scene of a crime would be relevant evidence.
Admissible evidence is evidence that is allowed to be presented in court according to the rules of evidence. The rules of evidence govern what types of evidence are admissible and how they can be presented in court. For example, hearsay evidence, which is second-hand information that is offered to prove the truth of the matter asserted, is generally not admissible in court unless an exception to the hearsay rule applies.
To determine whether evidence is relevant and admissible, courts will consider factors such as whether the evidence is reliable, whether it was obtained legally, and whether it has any prejudicial effects that outweigh its probative value. It is up to the parties in a legal case to argue for or against the admission of certain evidence, and ultimately it is up to the judge to make a ruling on whether the evidence is relevant and admissible.
When Elina Asensio was 14 years old, she had a restraining order in place against her father when a court-appointed psychologist was assigned to determine whether he should be part of her life, according to ProPublica reporting.
That Colorado psychologist, Mark Kilmer, says he does not believe 90 percent of the abuse allegations he encounters in his work, or that he had been charged with domestic violence.
“Mark Kilmer’s decision affects every day of my teenage life,” Elina told ProPublica. “They let him speak for me but they wouldn’t let me speak for myself.”
In 2019, Elina’s father grabbed her from behind by her lucky charm necklace and hoodie and dragged her up a flight of stairs, according to police reports.
“Dad, I cannot breathe … You’re hurting me, stop it,” Elina said, according to the report.
Fearful the judge would use Kilmer’s recommendations to reduce her parenting time, Elina’s mother agreed to resolve the custody dispute through arbitration where she and Elina’s father agreed to equal parenting time.
Elina is tracking the days, hours and minutes on her iPhone until she turns 18 and is no longer under her father’s control.
About a month after ProPublica’s reporting, the Colorado courts suspended Kilmer last month and launched a review of the entire state-approved roster.
Multiple Colorado parents said family court custody evaluators downplayed or omitted from reports to the court the traumatic and lasting effects of abuse they said they had experienced.
It turns out her ex-husband lied about the divorce, telling their daughter that it was her mother who cheated.
The Redditor discovered several text messages between her daughter and her father in which her daughter described how she “didn’t want to be near” her mother and was “disgusted” by her mother’s supposed infidelity.
And her ex-husband made no attempt to tell their daughter the truth—so she decided to do so herself.
She writes that she “sat my daughter down and told her that… I won’t be held accountable for actions that weren’t mine.”
She made sure to avoid “any and all questions that I couldn’t say without [her ex-husband’s] perspective,” but broke the news to her daughter about her father’s sexuality and infidelity and how it had resulted in their divorce.
She writes that her daughter was shocked by the news, and apologized for her behavior towards her mother.
Divorce has been conceptualized as a process. Research has extensively demonstrated that it is pre/postdivorce family environment factors that primarily account for the variability in children’s adaptation over parental divorce process rather than the legal divorce per se. Amongst various factors, interparental conflict has been consistently identified as a prominent one. Surprisingly, a single source is still lacking that comprehensively synthesizes the extant findings. This review fills this gap by integrating the numerous findings across studies into a more coherent Divorce Process and Child Adaptation Trajectory Typology (DPCATT) Model to illustrate that pre/postdivorce interparental conflict plays crucial roles in shaping child adaptation trajectories across parental divorce process. This review also summarizes the mechanisms (e.g., child cognitive and emotional processes, coparenting, parent-child relations) via which pre/postdivorce interparental conflict determines these trajectories and the factors (e.g., child gender and age, child coping, grandparental support) that interact with pre/postdivorce interparental conflict to further complicate these trajectories. In addition, echoing the call of moving beyond the monolithic conceptualization of pre/postdivorce interparental conflict, we also review studies on the differential implications of different aspects (e.g., frequency versus intensity) and types (e.g., overt versus covert) of interparental conflict for child adjustment. Last, limitations of prior studies and avenues for future research are discussed. The proposed framework may serve as a common knowledge base for researchers to compare/interpret results, detect cutting edges of the fields, and design new studies. The specificity, complexity, nuance, and diversity inherent within our proposed model await to be more fully revealed.
Hypocrisy seems to be everywhere lately. How do people reconcile themselves to saying one thing and doing another? And are there benefits?
In these times of politicalturmoil, aggressive online discourse, “post-truth”society and lord knows what else, one thing is hard to deny: there’s a lot of hypocrisy flying around. People regularly and angrily lambast others for doing something, while doing pretty much the exact same thing themselves.
Your ex-spouse is bad mouthing you to your children, constantly portraying you in a negative light, perhaps even trying to turn them against you. If you handle the situation ineffectively, your relationship with your children could suffer. You could lose their respect, lose their affections-even, in extreme cases, lose all contact with them. The conventional advice is to do nothing, that fighting fire with fire will only result in greater injury to the children. But after years of consulting parents who heeded such advice with no success, Dr. Richard Warshak is convinced that this approach is wrong. It doesn’t work, and parents are left feeling helpless and hopeless. DIVORCE POISON instead offers a blueprint for effective response. In it, you will learn how to distinguish different types of criticism, how and why parents manipulate their children, how to detect these maneuvers, and how these practices damage
Divorce Casualties helps parents recognize the often subtle causes of alienation and teaches them how to prevent or minimize its damaging effects. Dr. Darnall gives readers practical, specific techniques for recognizing and reversing the effects of alienation including a self-report inventory to help parents assess their own alienating behavior and exercises to help them understand and modify it.
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