Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Closed Thread
 
LinkBack Thread Tools
  #11 (permalink)  
Old 11-05-2012, 06:06 PM
Senior Member
 
Join Date: Jun 2012
Location: ontario
Posts: 421
ringettteplayer is on a distinguished road
Default

it is unfortunate and no I have never ever denied him access or denied him from visiting.

can i save text messages? will they be used in court? as i have a tonne to prove that i offered him the house to stay in and i would leave so he could visit and save $$ to see the kids rather than a hotel etc.,

its funny everyone on here tells me to document but my lawyer has never said to do that at all she has never told me to document or do anything!

i do believe we will be going straight to divorce no seperation aggreement
  #12 (permalink)  
Old 11-05-2012, 08:30 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by ringettteplayer View Post
it is unfortunate and no I have never ever denied him access or denied him from visiting.

can i save text messages? will they be used in court? as i have a tonne to prove that i offered him the house to stay in and i would leave so he could visit and save $$ to see the kids rather than a hotel etc.,

its funny everyone on here tells me to document but my lawyer has never said to do that at all she has never told me to document or do anything!

i do believe we will be going straight to divorce no seperation aggreement
SMS messages don't hold much weight in court. It is hard to prove they were ever sent and someone can have them easily duped and put on a phone through call redirection. For 40$ you can get a calling card that can mock telephone numbers for SMS messages and calls. Telcos don't track the data (messages) being sent so you can't prove originating source.
  #13 (permalink)  
Old 11-05-2012, 09:46 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough
Default

He doesn't want to see you. He doesn't want to see the kids. He doesn't want to talk to you. He doesn't want to talk to the kids.

Yes it's over. You cannot force him to see the children or to talk to them.

You'd best be moving on with your life without him. Hard to accept but you need to move on without him.

Sorry for you but I think you were unrealistic in thinking if you moved closer to him that he would have a relationship with the children.

Wish you well and hope you can move on now.
  #14 (permalink)  
Old 11-06-2012, 12:34 AM
Member
 
Join Date: Apr 2012
Posts: 42
afraid is on a distinguished road
Default

in Quebec text's are very much taken into account. i saved over 200 texts between me and my ex over 1 year span while we were fighting over custody and used them against her in court.the texts were not the winning factor in my case but they sure did help. as long as the texts had her number the time and date on them i could use them.
in the end i won full custody.
  #15 (permalink)  
Old 11-06-2012, 07:26 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by afraid View Post
in Quebec text's are very much taken into account. i saved over 200 texts between me and my ex over 1 year span while we were fighting over custody and used them against her in court.the texts were not the winning factor in my case but they sure did help. as long as the texts had her number the time and date on them i could use them.
in the end i won full custody.
If there are 200 on the balance of probabilities it is the person in question. If the other party contested the content of the messages and raised the issue you would have been stuck on voir dire with the "evidence".

You can't be criminally charged on the content of an SMS message for example. The strict balance of beyond reasonable doubt to the content is the challenge.

The reason your SMS messages folded into the evidence is that on the balance of probabilities the 200 messages were probably (on the balance) from the person in question.

My recommendation is to not use SMS and to move to BBM/OFW and/or another communication method that guarantees the identity of the sender and the receiver of the communications.

No doubt if you had 200 SMS messages you had email and other evidence in support. So as a set of evidence the balance of probability even gets higher that they are from the originator.

Good Luck!
Tayken
  #16 (permalink)  
Old 11-06-2012, 09:18 AM
hadenough's Avatar
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

As you know, there is nothing you can do about your ex's apparent unwillingness to see the kids. This is not a new phenomenon.

I know it's difficult being a single parent and you wish that the other parent was more this/that. Well, he's not - and all the wishing in the world won't help. Accept that you are a single parent and do the best you can, as you are doing.

Nobody can control what his decisions are wrt the kids. He has an obligation to support his children. Get the ball rolling w/MEP and accept the reality of your situation. While it's great to have 2 loving parents, plenty of kids are raised, and raised well with one loving parent.
  #17 (permalink)  
Old 11-18-2012, 10:39 AM
Senior Member
 
Join Date: Jun 2012
Location: ontario
Posts: 421
ringettteplayer is on a distinguished road
Default

Well what a surprise everyone!! My stbx just gave my kids a Christmas present yesterday! He emailed them to tell them he hopes to see them after Christmas?!! Jeezazzzz it's only Nov 17th and he hasn't seen them since July. Hasn't spoke to them in months..... Merrychristmas kids sorry I didn't get you a better dad
  #18 (permalink)  
Old 11-18-2012, 10:49 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough
Default

You can send him a Christmas card (letter from MEP).....
  #19 (permalink)  
Old 11-18-2012, 10:53 AM
Senior Member
 
Join Date: Jun 2012
Location: ontario
Posts: 421
ringettteplayer is on a distinguished road
Talking

Arabian!!! Whoooo hooo How r u!! Yess funny you say that all my paperwork just came in my lawyer wanted my marriage cert my property assessment and my bank account info so <<fingers crossed>> papers gets signed this week!! So he can at least be served, not sure how much longer until something is court enforced tho....
I can't wait to get this ball rolling for my present !!!
  #20 (permalink)  
Old 11-18-2012, 10:58 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough
Default

Make sure your lawyer has the clause in there about support being enforced by the director of Maintenance Enforcement.... Wouldn't hurt to put both FRO and MEP.

I know once MEP gets the court order, assuming you know where he works, it doesn't take too much time at all. I guess in your case the trick is to get the court order.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
abandoned dadontherocks Divorce & Family Law 18 07-27-2011 02:26 AM
Abandoned, how do I seek a divorce? DaisySue Divorce & Family Law 17 09-28-2010 08:48 AM
Abandoned by lawyer lookingtoleap General Chat 3 05-14-2010 07:21 AM
Parental Abandonment - Information Article representingself Parenting Issues 0 09-28-2009 09:05 AM


All times are GMT -4. The time now is 01:08 PM.