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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 10-21-2017, 07:20 PM
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Default how do you all respond to lengthy exhibits ?

recently filed an interim motion for some access and travel issues, with a relevantly short 17 paragragh affidavit. other parent didn't file their response but was given greif by the judge based on what was on my affidavit and what they orally stated. Now she is bringing a cross motion seeking opposite terms of what I am seeking, despite the comments the judge made to her, basically telling her to consent to my requests as that's what the judge would rule. Without getting into the details, Their cross motion contains a 60 paragraph affidavit, and my counsel wants to respond paragraph by paragraph. It is time consuming and I am defusing the statements with evidence, i.e., police reports, emails, etc.

Her affidavit is basically FILLED with lies and inaccuracies. Allegations of abuse and so on and so forth, and nothing substantiated with any evidence. I.e., I don't feed the child. But the CAS was involved for other issues sometime after mom's concerns I don't feed but had no concerns with my access and case was closed. I will be attaching letter from CAS confirming they had no concerns and case was closed as exhibit. Among bunch other crap that I grabbed our child's neck, etc etc,, but not a single shred of evidence to support any of her lies.

What are some tips when writing this before sending it off to your lawyer. I have to get it to my lawyer soon for him to weed out, and put his own thoughts into as we are going back before the same judge next week. It is however turning pretty lengthy as well given the length of hers. errr.

Last edited by trinton; 10-21-2017 at 07:26 PM.
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Old 10-21-2017, 08:52 PM
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A 17-page affidavit is obscenely long IMO, particularly for matters you are covering. I am surprised your lawyer allowed you to submit something this lengthy. EDIT: I re-read your post and see you say 17-paragraph affidavit. Phew. All depends on how long your paragraphs are.

In past my ex (written by g/f, friend's wife and sister) would pen 30+page affidavits. Our responses were never more than 3 or 4 pages in length. Sentences such as "I categorically disagree with paragraph/points #15, 67-74, 83-84" will suffice (sometimes the list was very long). Other responses to affidavits we didn't even bother to respond to every accusation or point. We only responded to important issues and included evidence (labelled properly as exhibit) to corroborate. We also had lots of "not relevant" in our response. 3-5 short sentence paragraphs. Don't ramble on.... make your point.

Remember, if your ex is accusing you of something it is up to her to prove it. Lengthy affidavits are kind of fun because someday you can fling them back at your ex and use it to your advantage - just remember the same can be done to you.

* Don't bore the judge - they have heard it all before.

Also important to keep anything you submit child-focused and positive. Don't go into the gutter with your ex. Take the high road. Your response should be emotionless and factual, except where you express your desire to raise your child cooperatively with your ex (you get what I'm saying).

Consider use of graphs to lay out your information (schedule) in a logical manner - perhaps as insert in your document or as a labelled exhibit.

Last edited by arabian; 10-21-2017 at 08:55 PM.
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Old 10-21-2017, 09:13 PM
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Quote:
Originally Posted by arabian View Post
"I categorically disagree with paragraph/points #15, 67-74, 83-84"
I like that. I can see my lawyer just saying to the judge, y our honour, the applicant has came back with a 100 page affidavit following your comments lat week.
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Old 10-21-2017, 09:40 PM
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I was successful again in court yesterday. 10 minutes into everything the judge asked my ex a question and he answered. To my surprise the judge called my ex a liar and said the court has no tolerance for people who lie in court. She went on to say that his very evidence (in lengthy affidavit and 20-pages of exhibits) did not support his answer.

This is what my ex gets for having his g/f prepare his documents. When he is asked questions he hasn't got a clue of what he even filed. This isn't the first time he's been called out but it is the first time a judge has actually called him a liar.

Keep things short. Let your ex hang herself.
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Old 10-22-2017, 01:50 AM
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Arabian's advice on this one is sound.

In your affidavit, include the following at or near paragraph #2:
I make this affidavit in partial reply to Claimant's affidavit #{number} filed on {C-aff date}. Herein I make reply to those matters I see as relevant to the subject matter of my application filed on {date} to {purpose of application}. Where I do not specifically address an allegation made in the Claimant's affidavits, I deny that allegation, put the Claimant to strict proof thereof, and reserve the right to respond with more particularity at a later date should it become necessary to do so.

However, I would not trim out the letter from CAS.

Also consider switching lawyers, as a good lawyer should already know as much as forum trolls do. Responding paragraph by paragraph sounds like a money grab. That being said, be sure to respond to those points relevant to the motion at bar. It's easier for your lawyer to trim stuff than to add it in. Good luck.
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Old 10-22-2017, 11:44 AM
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My partner had drafted a response to each paragraph of his ex's 12 page initial filing. His lawyer ignored it and responded in two and a half pages. Her CC brief was 20 pages long. The lawyer added an additional paragraph to what he had filed in the first response. As he explained--she can say whatever she wants and its good that she launches into a 20 page brief. It helps annoy the judge and weakens her case. My partners response is simply the facts: I owed this, I paid this, I want this information that she refuses to provide. During the conference, my partner said his ex launched into all her bs and his lawyer simply said "irrelevant" and the dispute officer agreed.

Stick to the facts. Thats all you need. The more info you put in, the lower your ability to remember it and the more likely it is to bore and annoy the judge. Remember that these people have been on the bench for a while and probably family court lawyers before. They can smell bullshit from a mile away. They have hundreds of other cases to get through and thousands of pages of reading for prep. You want them to know what is important so they can make a decision!
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