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  • Diary-personal or not

    Hi all. Well, it looks like we will have to go to court. We will have 3 motions issues to bring forth. 1) child support 2) access and custody 3) spousal. In the access and custody issue we have to try and prove alienation and mental mental abuse on my spouses exwife. We have no choice to represent ourselves since we cannot afford any lawyer. I keep a daily diary of my life and approx. 1 month ago have added the issues and conversations that I have with my 3 stepchildren in this diary since this is the advice that was given to me - document everything. If we go to court, I know I will have to submit this as "evidence". Is there any way I can submit my diary with the restriction that the ex doesn't read it?? Another point is that I don't want her to abuse the children more because of the things they have shared with me and trust me she will get angry and abusive about the fact that they have opened up to me. She always uses the "you love her more, want to spend more time with her" tactic and this really screws up the kids. Any advice would be appreciated. Thanks

  • #2
    Mr. ReadyNow,

    as you mentioned,

    If we go to court, I know I will have to submit this as "evidence". Is there any way I can submit my diary with the restriction that the ex doesn't read it??
    If it is evidence and submitted by way of an exhibit to an affidavit, then the other side would be entitled to view the contents of same. It wouldn't be a fair hearing if the evidence was one sided. Moreover, all evidence including affidavits could be subject to cross examination.You could argue the contents of the diary are subject to legal privilege, but I don't think it would hold much weight with the court.

    Another point is that I don't want her to abuse the children more because of the things they have shared with me and trust me she will get angry and abusive about the fact that they have opened up to me. She always uses the "you love her more, want to spend more time with her" tactic and this really screws up the kids. Any advice would be appreciated. Thanks
    Bring forth an order to have the office of the children's lawyer involved in the matter so that they can represent the children independently and perhaps complete a child/ parent assessment. The child/ children may open up to their own lawyer what you have alleged is going on. I do add that what you are saying is heresay currently and you will have to disclose what you have heard. It may be enough to support an order to have them represented independently. The court may order a request to have them involved, but ultimately, they have the final word if they will take on thye case.

    lv

    lv

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    • #3
      Thanks again. Good info..

      Comment

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