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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #21 (permalink)  
Old 09-23-2010, 06:06 PM
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My ex likes to inform me of what judges don't like, but oddly he doesn't include his own behavior.

Thanks for the sample letter I will use that if I need to.
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Old 09-23-2010, 06:07 PM
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He's trying to give himself an out on her doing that by including the without prejudice bit. He's using it in the wrong context. I suspect he's including it there in the mistaken belief that it'll prevent it from being used as evidence in a courtroom setting.

Hence why I recommended she tell him she is going to "filter" those words and auto delete anything containing them.
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Old 09-23-2010, 06:09 PM
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I would filter and auto-delete as well! But they can be used against him in court...regardless of the subject heading.
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Old 09-23-2010, 06:11 PM
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Quote:
Originally Posted by frustratedwithex View Post
Thanks for the sample letter I will use that if I need to.
Your lawyer will have a standard one...but that is the idea...
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Old 09-23-2010, 06:13 PM
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So even though he use "without prejudice", it basically doesn't mean a thing. I can introduce them in court if I want to? Huh!
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Old 09-23-2010, 06:23 PM
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When I receive emails from my exs that she demands things, or is telling me how to do things, I just reply with "thank you for your email" Or "thank you for your email, however it is inaccurate."

What this does is shows you are communicating, and that you will not be engaged in an email war.

This works very well, and has stopped the harassing emails, and leave her with nothing to go to court to show me in a bad light with.
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Old 09-23-2010, 06:23 PM
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Yes, you can...let me find you the information....
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Old 09-23-2010, 06:27 PM
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but I am pretty sure that it can only be introduced after a statement/claim of harassment or coercion...that is what I am researching...I could be wrong, and do not want to give the wrong info...
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Old 09-23-2010, 06:34 PM
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You can enter emails as an exhibit if it suits the application. My advise is to keep every email between the parties, because you never know when you will need to show prior history.

My last affidavit in reply to my ex used 3 separate emails that she sent me one for each of the past 3 years. These emails clearly contradicted her claim in her affidavit, and proved that she lies in her affidavits.
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Old 09-23-2010, 06:42 PM
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First case...

http://www.canlii.org/eliisa/highlight.do?text=settlement%2C+coercion%2C+%22wit hout+prejudice%22%2C+harassment&language=en&search Title=Search+all+CanLII+Databases&path=/en/bc/bcsc/doc/2009/2009bcsc144/2009bcsc144.html

Substantive, in that it is a provincial Supreme court ruling...but I am still looking...
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