I recently was involved in a Temporary Restraining Order case where my soon to be ex-wife falsely accused me of threatening her with extreme violence. The judge at the hearing dismissed the restraining order due to "No clear and convincing evidence". During the proceedings the judge spoke to my 14yr old son in chambers because he was a witness to the fact that I was innocent. My wife has appealed the judges decision to dismiss the TRO. So my question is in the next hearing since my wife will do everything she can to make my son unavailable for court (she has sole custody)and the case is in Maryland(Washington County)is it possible for me to subpoena my 14 yr old son or is it at least possible for me to get the testimony my son gave the judge(in chambers due to fear of repercussion from his mother)admitted as evidence in the appeal hearing?
Answer
First of all, in all likelihood the chambers conference with your son was not recorded, as it is not considered to be formal testimony. You can have a subpoena served on your ex as your son's custodian by a private process server, and if she disregards it you can complain to the judge who can order her to bring him in.
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