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Old 10-11-2013, 06:09 PM
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Default Caught her lying on an affidavit, I have proof - will this help ?

Hi all,

I filed an interim motion for more access, including overnight stays on alternating weeks and half of holidays.

Her lawyer cross filed a motion seeking to change the children's primary residence to Toronto.

Here is the kicker, my stbx's affidavit swears I did not participate in family holidays. So I emailed her lawyer about 50 pics, I have alot more showing otherwise!!

So I am happy in that I think I have caught the stbx in a lie on a sworn statement.

I am hopeful that this finally brings to light her lack of credibility.

Thoughts ? Comments ?

Thanks
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Old 10-11-2013, 06:12 PM
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having thought about it, I think there tactic may be to try and drive my costs up by trying to have the matter moved to Toronto. Also, things move much slower in Toronto and this would further entrench the new status quo.
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Old 10-11-2013, 06:14 PM
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Her lawyer won't care as much as the judge would. Be preaped to provide your supporting evidence and documentation to the judge.

As far as emailing the lawyer, the most you could expect is that he would counsel his client that she may lose and you awarded costs and give her an opportunity to rethink her position.
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Old 10-11-2013, 07:35 PM
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Hm.... Lying is completely acceptable at the family court and is a standard procedure. So don't be too enthusiastic. Document it, prove that it is a lie, but don't think that you won the lottery with it.
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Old 10-11-2013, 08:51 PM
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Put your emotions down, and add it to the list of how you show her credibility come trial.

It is not a crushing blow, except emotionally to you.
I'm speaking of her affadvit above.

You just need to present a precise and coherent argue at motion (in your materials) as to why the child would benefit from more time with you.

Barring any real issues, that shouldn't be difficult.

Quite frankly (not that I suggest you do this), I think most Judges would listen to an argument that roles have changed since 'separation' and you are willing, able, and seeking more individual contact with child(s) as a valid argument.

Things have changed. The marital relationship has changed. The parent child relationship is therefore also bound to change. That is just the new reality.

And why shouldn't the child(s) be able to experience both parents to the maximal point allowable for their benefit?

Last edited by wretchedotis; 10-11-2013 at 08:59 PM.
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Old 10-11-2013, 08:59 PM
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I had proof at a sc that my ex lied about something. Judge showed no reaction at all. I have proof of several other things that he has lied about...being unemployed but still sending money. I have proof he is and doesnt. But I wont put all my eggs in that basket. As someone said, I think it might be common practice...unfortunately.
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Old 10-11-2013, 09:17 PM
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Quote:
Originally Posted by takeontheworld View Post
I had proof at a sc that my ex lied about something. Judge showed no reaction at all. I have proof of several other things that he has lied about...being unemployed but still sending money. I have proof he is and doesnt. But I wont put all my eggs in that basket. As someone said, I think it might be common practice...unfortunately.

Common practice !?!

WTF !? So purgery is no big deal? So I should lie too ? Boy, I am a chump for trying to play by the rules.

So it looks to be to be a big game of persuasion where fact and reality are at best fuzy, even in light of bald face lairs.
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Old 10-11-2013, 09:38 PM
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I think the difficult thing is to figure out which fights are worth fighting. The allegation made against you that you didn't participate in family gatherings is an example. Simply put - what relevance is it. Putting your energy into proving she lied about that likely only increased your lawyer's bill as he would probably bill you for the time it took him to look through all of the photographs as well as the numerous emails or phone calls you had.

I hope you are getting detailed monthly billing from your lawyer.

Yes, it is shocking but it is my experience that family court encourages lying as there is little or no accountability.

My lawyer gave me some advice early on - always be prepared to prove everything you state in an affidavit. He also said to keep affidavits brief and to the point so one is not hung on misinterpretation or innuendo.

Stay focussed and know your ex will, indeed, lie. Hopefully you won't do the same.
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Old 10-11-2013, 09:44 PM
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Quote:
Originally Posted by arabian View Post
I think the difficult thing is to figure out which fights are worth fighting. The allegation made against you that you didn't participate in family gatherings is an example. Simply put - what relevance is it. Putting your energy into proving she lied about that likely only increased your lawyer's bill as he would probably bill you for the time it took him to look through all of the photographs as well as the numerous emails or phone calls you had.

I hope you are getting detailed monthly billing from your lawyer.

Yes, it is shocking but it is my experience that family court encourages lying as there is little or no accountability.

My lawyer gave me some advice early on - always be prepared to prove everything you state in an affidavit. He also said to keep affidavits brief and to the point so one is not hung on misinterpretation or innuendo.

Stay focussed and know your ex will, indeed, lie. Hopefully you won't do the same.
Arabian, thank you. I am self reping with a lawyer retained in the background. Seems to be working out. I think the lying is relevant in that its so persistent and severe. I am going to keep at it to have it recognized by a judge.
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Old 10-11-2013, 09:53 PM
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They will recognize it but quickly move on to the meat of the matter.

I too thought that catching the ex lying about everything would be beneficial. I have to say that in the end it really came down to numbers.

In the end no one really cares about who said what, etc.

You are very smart to keep your lawyer in check. Good for you that you have the confidence and fortitude to self rep.

Judges do tend to give self-reps more time to speak in court - that is my personal observation anyhow. I think it can be a huge advantage if you know what you are doing. I've seen many judges compliment those who are well organized and who calmly state their position without getting side-tracked.

I'd keep the arsenal of dirt on the ex tucked away for time when you are in position of making offer to settle. She may be poorly represented and easily intimidated by a threat of exposure of perjury (although that would never happen but maybe she doesn't know it).
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