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Providing Conversation History to Courts at Brief?

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  • Providing Conversation History to Courts at Brief?

    I have a settlement conference coming up fairly soon and it seems to be getting a bit out of hand. My ex has exaggerated and fabricated many things in her paperwork in an attempt to gain custody of the Children.

    Examples would be:

    I make no effort to communicate with her

    I failed to seek medical when my son was injured

    Quite a few exagertaed and inaccurate claims that can likely be dis-proven with our conversations via text messaging that I have saved. I am wondering if I can introduce these documents or attach them to my settlement conference brief to disprove her claims and support any points I intend to bring up. Thanks!

  • #2
    My understanding is that the settlement conference is about making an offer to settle your issues, so you should do just that: provide a detailed plan in the best interest of the children.

    Leave the defence of accusations out, except to say they can/will be dealt with at more appropriate stage of litigation if necessary.

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    • #3
      Depending on your phone capabilities, try to export your texts to an email that will show the originating numbers. This alone isn't proof, but stay with me...

      Or, just type them out. Leave them on the phone.

      Take the phone and the transcript to a notary. Have the notary examine the phone. Also bring your cell phone bill from those dates and verify that texts were sent to that number at those times.

      Get the notary to swear that your transcripts are true and accurate.

      Attach the transcripts to an affidavit swearing that these conversations took place.

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      • #4
        Originally posted by jjmo View Post
        Quite a few exagertaed and inaccurate claims that can likely be dis-proven with our conversations via text messaging that I have saved. I am wondering if I can introduce these documents or attach them to my settlement conference brief to disprove her claims and support any points I intend to bring up. Thanks!
        As a matter of fact, I was in criminal court a while ago and I was self-represented. I introduced about 4,000 text messages and some emails as evidence. I had a binder with everything and I explained to the court that all conversations were on my phone. The judge did allow this as evidence and the crown didn't argue its' presence, just the fact that I didn't have full copies for her too (my printer went down about half way through, argh!). Nobody checked my phone.

        What I did, and still do, is this: I used two programs to backup my text messages on my Android phone, one that emails the text messages to my gmail account, one that backs up the messages as an .xml file, which I painstakingly converted to a excel spreadsheet. If you don't have a smartphone, write it down like Mess pointed out.

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        • #5
          ^ Can we get to e-Trials already and do away with all the paperwork?

          (General comment to our government...)

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          • #6
            If you cannot get the messages through your service provider, you can take pictures of your phone with the texts being displayed.

            Swear an affidavit, "here are the text messages from XXX, dated DDD TTTT. Here are further texts dated DDD TTTT. These evidence our continued discussions about our children."

            Include messages that make you look useful and competent and her not for extra bonus points.

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