By Anonymous - 07/07/2009 05:46 - United States

Today, I found out that my father, who is divorced from my mother, has set up a lawsuit against her and that I am required to go to court and testify against her as a witness. I've tried to keep neutral for six years, and I'll go to jail if I don't show up. FML
I agree, your life sucks 71 552
You deserved it 3 318

Same thing different taste

Top comments

ouch. Just say you're staying neutral in the court

Despite the OP having no control over the situation, there are still YDI votes...

Comments

lastminuteperm 0

Not an FML. It's either jail or you show up. Not that hard.

And both options suck hard. Hence the FML.

The 5th amendment only protects you from self-incrimination. Personally, I think you'd be best off saying "I don't remember" or "I'm not sure" to any question beyond name, rank and serial number. I don't know what's going on between your parents, but you either need to take a moral stand for the parent who is right (as you see it) or continue to stay out of it. I vote for the moral stand. You may lose one parent, but that parent knows they are in the wrong anyway. Good luck.

Rmoline 0

You can't be compelled to testify on civil court. If it's a criminal case, it's different. Some jurisdictions allow you to refuse to testify against a close relative.

That's what I was going to say. You can't be compelled to testify in a civil court. So either the father is putting the mother up on criminal charges, the OP was fed serious misinformation, or this FML is fake.

idontgiveone 0

YOU FAIL. No ones give a shit about who's first or second or fifty-eth. BOO.

consult a lawyer, i don't think a person can be forced to testify.

You won't go for jail if you stay neutral. You'll just go to jail if you don't show up. How hard is that to understand? It does suck, though. Sorry that your dad is such a douche.

yeah that sucks! and your dad should be given the worst dad of the year award bc children should never have to take sides against parents

You people really are dense, aren't you? "... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" In layman's terms, the 5th amendment says: You can't be tried twice for the same crime, nor can you be a witness against yourself. That's it. "Pleading the 5th" is not a 'Get Out of Jail Free' card from speaking in court.

some people said that. Throwing an insult at everyone who doesn't memorize the constitution too well when they've already been set straight is pointless

Even if everything works out and this person ends up not having to testify, it's a pretty shitty situation to find out just how much a parent is willing to use their child against their will. That's awful really awful poster. I hope it does work out and you can find a way to continue to stay neutral. It sounds like a pretty nasty divorce and toxic situation all around.