VIC Can Court Force Priests to be Witnesses?

[Marian]

I have a family law hearing soon. I needed a witness from the only two witnesses who attended some events related to the matter. Both are priests. They said that the rules of their church say that they shouldn't participate or produce any documents related to legal matters.

I am about to lose my right and the rights of my kids because their negative attitude. Does the court have the right to force them to talk?

 

[Iamthelaw]

Priest-Penitent privilege exists widely across the world. In Victoria, the protection extends only to confessions. In regard to your particular question. More information would be needed.

Was the evidence that you're seeking to admit made during a confession? See s127 Evidence Act (VIC) for more information.

 

[Marian]

It wasn't confession at all and both priests know and said that, the problem is the bishop ordered the priests not to witness and if they did so they will be punished.

 

[Iamthelaw]

I take it that you're not represented by a lawyer?

Even if you're not, you could apply to the court for a subpoena (you will need the approval of the registrar prior to doing so). See the link below for information pertaining to this:

Subpoena: Information for a person requesting the issue of a subpoena - Family Court of Australia

 

[Marian]

Thanks dear.

 

[Rod]

The Bishop may well be breaking the law himself if he interferes with a witness that has been subpoenaed.

You'd think by now that Bishops would clearly understand they are no longer above civil and criminal law. Sad

 

[kimsland]

Separation of church and state and secular law is part of Australia.

"Can Court Force Priests to be Witnesses?"

Of course.

I'm amazed you asked actually. I think some people still feel the church have special powers, they don't