Can a court summon a witness at a custody hearing?
Ontario, Canada
The following excerpt is from M.A.R.P. v. Catholic Children's Aid Society of Metropolitan Toronto and A.V., 1996 CanLII 7922 (ON CJ):
[19] Gordon v. Gordon did not go so far as to recommend that the court in fact summon a witness in that particular case. However, it did indicate at page 271 [R.F.L.] of the decision that: A custody case, where the best interests of the child is the only issue, is not the same as ordinary litigation and requires, in our view, that a person conducting the hearing take a more active role than he ordinarily would take in the conduct of a trial.
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