This endorsement addresses the admissibility of extensive hearsay evidence, particularly statements attributed to children, presented via affidavit in a family law trial.
The court reiterated that while evidentiary rules may be flexible for children's best interests, the hearsay rule is not relaxed for trial affidavits.
It emphasized the "necessity and reliability" test for admitting children's hearsay, finding that the impugned statements lacked sufficient procedural and substantive reliability, especially given the children's vulnerabilities and the absence of independent corroboration.
The court largely disallowed the admission of the contested hearsay evidence.
