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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-13-2014, 09:51 PM
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Default Apposing Lawyer has video of my kids!!

I am going to trial Tuesday for contempt, my children had informed me and CAS that they were hit by their father and I kept them from visitation. I have just found out that he and his girlfriend had made a video of my 2 children in a park saying that I told them to say that. This is completely untrue and want to get a copy of the video to see some way for the courts to find out the truth.
Can I file an emergency motion at the start of the trial to get it and maybe get a childrens lawyer involved?

Thank-You
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Old 05-13-2014, 10:18 PM
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well this sounds pretty messy

I presume you are the party who is accused of contempt?

Did you keep the kids from seeing the father?
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Old 05-13-2014, 10:34 PM
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Yes the children told CAS and myself that they were afraid to go to their fathers on that weekend, so I kept them home. that weekend. Cas recommended supervised visitation and that he take a parenting course and that the family receives counselling. Now I find out that he made a video of the children stating that I told them to say all that. So I want this video to be shown to the courts and also for the courts to appoint a children lawyer to let the courts know the truth.
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Old 05-13-2014, 10:47 PM
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How old are your children?

Don't use your children to get back at your ex.

You need to find a way to cooperate with your ex. He will be their father for the rest of their lives. Both you and your ex probably can use some counselling - not just one of you.

Don't put your children in the middle. You should be trying to keep your children out of things.
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Old 05-13-2014, 11:04 PM
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If CAS thought they were being abused they would have ceased visitation - not recommended it to you and not recommended supervised. Their mandate is to protect children and ensure their safe. They do not put mom as gate keeper for dad's visitation and hope that kids aren't smacked around...

And then you say you kept them for *that* weekend. But obviously he saw them again as he was able to make a video - so we're your concerns that he would abuse them only on that access weekend and not on the next one that you did allow access? What was so special or what changed to alleviate your concerns on future access visits?

I'm going to go our on a limb - I smell a rat. At the very least your story isn't lining up for me. Having been investigated by CAS myself and having received my written reports I have a pretty good understanding of what happens and what is said for abuse on children. My instincts (and your posts) tell me there was no abuse.

As Arabian says: you need to learn to get a long. He is their dad.
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Old 05-13-2014, 11:12 PM
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This Thread is a waste
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Old 05-13-2014, 11:16 PM
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How did you find out about the video?

I don't know much about child custody things but I would think rules of evidence would be relevant. Who are the children speaking to in the video? It wouldn't be a child psychologist.

I would be interested in WHY you were told about this and the video wasn't turned over to CAS for investigation. Would that not be the normal process?

Have you enrolled yourself in any after-divorce parenting courses? Those courses are mandatory in Alberta.
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Old 05-13-2014, 11:17 PM
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Old 05-13-2014, 11:19 PM
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Old 05-13-2014, 11:21 PM
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Never having been self-represented I don't know the "rules" but aren't there procedural rules on bringing forward "fresh evidence"?

I think you should see the video first before you request it be entered into the court as evidence though.

Sounds like a last-minute bit of mud throwing to me.
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