Perjury

[c800957276]

My ex has lied outright and by omission throughout our legal process... I think the message courts send out is to focus on really important issues.

I agree, but at the case management conference, I totally felt a bias. She painted herself as "poor lady with no job" and made me look like "ass who doesn't cooperate". I pay for virtually everything in the house, and she buys groceries.
She wants full custody, but how is her not working going to make a case for her? If she is unable to support a child, or herself, how can a judge grant her full custody?

[c800957276]

My STBX, lied and admitted she lied. She went so far as to ask the court to protect her from her own lies. The judge did nothing other than tell her that she makes bad choices in friends. He then said if I wanted anything else done it was up to the police to investigate. The police said it was up to the judge to sort out.

In the end I did my best to make sure nothing comes back at me. I would have to ask if it is worth tossing your STBX in jail for $2K?... even though it sounds like she pretty much deserves it. How is your 7yo going to understand that you threw his mother in jail?

In my case charges(not perjury) were laid against some of those involved but not my STBX. So on top of family court, I now have to take days off of work to be a witness for the prosecution.

I don't want to make this a bigger mess than it already is. Someone advised that I should get quotes for the paint job, and then use that to challenge her expenses; and also someone recommended that I subpoena the person she told she was not looking for work to validate my claim. All her friends and family know that she is not looking, but none would be willing to admit it... but that's not the point. The point is that she's chosen to lie and manipulate, and I am only telling the facts in my affidavits, with no lies included.

[arabian]

My ex has lied outright and by omission throughout our legal process. He lied right in front of the judge at the divorce hearing, was called on it, and nothing came out of it. He wasn't even embarrassed about it. Because of all of his lies, whenever he goes to court, he isn't really taken very seriously. It has been my experience that in family court, even if you have evidence which was legally obtained, little or nothing is done about perjury. Yes it's very frustrating. I think the message courts send out is to focus on really important issues.

[kevindell]

My STBX, lied and admitted she lied. She went so far as to ask the court to protect her from her own lies. The judge did nothing other than tell her that she makes bad choices in friends. He then said if I wanted anything else done it was up to the police to investigate. The police said it was up to the judge to sort out.

In the end I did my best to make sure nothing comes back at me. I would have to ask if it is worth tossing your STBX in jail for $2K?... even though it sounds like she pretty much deserves it. How is your 7yo going to understand that you threw his mother in jail?

In my case charges(not perjury) were laid against some of those involved but not my STBX. So on top of family court, I now have to take days off of work to be a witness for the prosecution.

[murphyslaw]

I have never lied or intentionally omitted details on an affidavit. Not everyone lies.

I did not lie either but however did omit my exes penchant for underage porn as I did not want the children to find out. Ever.If he ever gets charges pressed against him, that's out of my hands.I did not protect him or lie for him , but I did not mention that.

[Tayken]

... double post... weird...

[Tayken]

See it as you may. I was told to tell the truth, and signed a sworn affidavit. I guess the legal system needs to be played, and the legal system applies LAW, not JUSTICE. You may say I'm not a good role model, so let's go ahead and let my son be brought up in an environment where fabrication and lies are admissible. I only did this to realize how wrong I was to trust the system, and now your opinion, albeit not the consensus, only confirms that LAW does not equal JUSTICE.

Family Law is not about seeking "justice". It is about the best interests of children, equalization and applying the Rules.

Those who go to the family court seeking vindication through "justice" always walk away upset, angry and very large legal bill:

http://www.ottawadivorce.com/forum/f...uilding-11216/

http://www.ottawadivorce.com/forum/f...slander-11857/

http://www.ottawadivorce.com/forum/f...lawyers-12446/

http://www.ottawadivorce.com/forum/f...divorce-12623/

[c800957276]

You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.

See it as you may. I was told to tell the truth, and signed a sworn affidavit. I guess the legal system needs to be played, and the legal system applies LAW, not JUSTICE. You may say I'm not a good role model, so let's go ahead and let my son be brought up in an environment where fabrication and lies are admissible. I only did this to realize how wrong I was to trust the system, and now your opinion, albeit not the consensus, only confirms that LAW does not equal JUSTICE.

[HappyMomma]

...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways

I have never lied or intentionally omitted details on an affidavit. Not everyone lies.

[Tayken]

You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.

The determine of if the person in question "employed a criminal way of getting information" is best determined by the criminal courts whereby the determination is based on "beyond reasonable doubt" and not like civil matters which are based on the "balance of probabilities".

The rules of evidence in civil matters are incredibly complex. In general, if the OP was given the password to the account, had open access to the device and didn't have to "hack" the access the information the crown generally won't lay charges and when the matter is a Family Law matter.

Canadian Criminal Procedure and Practice/Search and Seizure/Reasonable Expectation of Privacy - Wikibooks, open books for an open world

Massively complex issue in Family Law Matters often falling into the whole invasion of privacy based on intrusion upon seclusion.

The first requirement is for the defendant to establish the OP's actions were intentional or reckless.

Second, the OP must have invaded, without lawful justification, the plaintiff’s private concerns.

Third, a reasonable person would regard the invasion as highly offensive and causing distress, humiliation or anguish.

1. The OP doesn't appear to be intentional or reckless on the surface.
2. The evidence in question is with regards to a joint asset.
3. What "distress, humiliation or anguish" can be demonstrated as a result of presenting the evidence counter to a sworn statement by the party for which the hold a declaration against interest made by the swearing party in question?

Best advice is to talk to a lawyer about the admission of evidence in the matter as a counter providing it is a declaration against interest to the statement sworn as the truth.

Good Luck!
Tayken

[danzuchy]

Lying in family law is the norm.

[murphyslaw]

You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.

[HammerDad]

The evidence you have, even if you put it forth, would likely be dismissed as inadmissable.

For the painting, you should get a quote from other painters for the value of work completed. If she is saying she paid $2k for it, but the painters state it is only a $500 job, then you state you are willing to accept a reduction of $500 from the amount, but not $2k. Also ask for the invoice for the work completed.

As for her not working, there isn't much you can do about that. Instead of looking to force her to work, you ask the courts to impute an income to her equal to what she was making prior to her dismissal, or failing that, full time minimum wage.

Your accessing her personal information would be GREATLY frowned upon. Simply put, DON'T DO IT. Any evidence would be dismissed and your credibility and character would likely be brought into question. You'll look like a sneak and someone who has little regard for their ex's privacy and be treated as such.

I would highly recommend getting legal counsel as your other posts all seem to equate to a need for guidance.

[c800957276]

Hello all,
Well, I'm going through a divorce, and we seem to be heading for trial instead of settlement.
Upon separation, I had offered to grant my wife exclusive possession and ownership of all assets, including the home and savings, while also offering to take care of all debts, which at the time were only a car loan, on the sole "condition" that we agree on shared custody, with shared living arrangements for our seven year old son. This was a verbal offer and the wife declined it. She sent me a written offer without prejudice via her lawyer asking for everything (which I have no problem giving her), but refusing to agree on shared/joint custody. I refused. Since then, it's been the "I said, she said" scenario.
To make matters worse, she got fired from her job after separation. Since then, she is voluntarily unemployed, but lying in her pleadings and affidavits that she is looking for work. At our case management conference, the judge ordered her to return all the money she had taken from a joint line of credit with me without my consent (over $20K) minus interest paid. She acknowledged. Two days later she told me that she would be returning less because she had used her own money to pay for some paint work around the house, and that she needed to get that money back.
The contractor that did the painting was her brother in law, and at the time, she told me he had not charged her anything. Now she went and asked him to make up an invoice for $2K, which she used to justify her lie and return less money than what was ordered.
I have evidence to prove that she is voluntarily not looking for work via an email that I got by accessing her email address; I also have screenshots of a text message she sent to her sister asking her to fabricate an invoice to justify the paint work. Both of these items were obtained by accessing her smartphone.
I was told that these records cannot be used in court because of the nature of their origins, but how can I then prove that she is lying and in perjury?
If I go ahead an insist in presenting these documents, what is my penalty for breaking her privacy? It can't be worse than her manipulating the legal system and perjury.
She is doing all this by gambling her chances of maximizing spousal support, while getting my son used to living with her all the time (because she has decided to not work) and thus also maximizing child support. It's all about the money for her, and I can't possibly let my son be brought up in an environment such as that. My son needs her, yes, but he also needs me, and she is not a good role model right now.
Advise please!!!