How does one expose a lack of credibility - by affidavit ?

[Tayken]

Tayken, most excellent. Many thanks. It does pertain to Rule 24. Secondly, financially, she is claiming to have premarital assets which see did not.

What does it pertain to. Maybe someone could actually provide you some actual advice if you disclosed what you are facing rather than trying to speculate at whatever point you are trying to make.

[Tayken]

In my case my wife is claiming the emotional abuse is a single death threat made a long time ago. Her story in recounting it is different. In four attempts to describe it in various documents she has three versions.

Is that something worth addressing? I agree the other lies are frivilous but I am thinking this is her main claim...can I point out those inconsistencies. Also the timing of her claim is suspicious...

See this thread for more information on how to deal with this kind of allegation:

http://www.ottawadivorce.com/forum/f...ase-law-16809/

Allegations of abuse may be a symptom of the failure of a relationship. Blame is an inherent part of the allegation. Sometimes it is wholly warranted; other times it is not. When parties are not communicating, any slight or criticism is magnified. There is a tendency to minimize the other spouse’s good qualities and maximize the bad. Warring spouses are rarely in a position to step back and evaluate the other’s behaviour with objective eyes. Nor are they able to critically assess their own behaviour...

The simple questions to pose in response is why the litigant did not seek assistance from the police at the time of the incident as evidence to the false nature of the claim.

Good Luck!
Tayken

[standing on the sidelines]

I don't think she would have a leg to stand on. One "incident" doesn't prove emotional abuse. I have a feeling you are putting way to much energy into disproving this incident. If her story keeps changing about the incident then she is just hanging herself, give her some rope and let her go.

Looking back on your posts you also claim there was a domestic violence incident in front of the kids. I am thinking that you were the one who did the DV? If I am wrong then sorry. That could be used against you and it should be. DV is not good and in front of the kids is even worse. There is never an excuse for violence between the parents in front of the kids.

[Hardtimes75]

was there a death threat made at all? If yes I wouldn't really worry about it too much as if she was really worried she should of had you arrested way back then.

No it did not happen. it is the basis for her claim of emotional abuse. I would think even if it was provable (which is impossible) a single verbal incident would not stand as a legitimate claim of emotional abuse. Doesnt the op have to demonstrate a pattern of emotional abuse?

Totally get a one time is critical if its physical but a flimsy emotional claim i have read needs to establish a series of events and demonstrate a pattern of some kind.

[plainNamedDad44]

All, have a look at this case law, specifically paragraphs 488 to 498 inclusive.

Credibility matters !!!

CanLII - 2011 ONSC 6451 (CanLII)

[plainNamedDad44]

The only really matter that should be challenged are claims regarding Rule 24.(4) "Violence and Abuse". And they should be done in blanket responses and not crazy detailed nonsense responses that take pages.

If something isn't truthful, just say it isn't truthful and move on.

1. Paragraphs x, y, z and zz of the Applicant's affidavit sworn on date, before person Y that is located in Tab 2 of the continuing record are not truthful.

2. Paragraphs .... are hearsay and should not be admitted as evidence.

Good Luck!
Tayken

Tayken, most excellent. Many thanks. It does pertain to Rule 24. Secondly, financially, she is claiming to have premarital assets which see did not.

[standing on the sidelines]

was there a death threat made at all? If yes I wouldn't really worry about it too much as if she was really worried she should of had you arrested way back then.

[Hardtimes75]

In my case my wife is claiming the emotional abuse is a single death threat made a long time ago. Her story in recounting it is different. In four attempts to describe it in various documents she has three versions.

Is that something worth addressing? I agree the other lies are frivilous but I am thinking this is her main claim...can I point out those inconsistencies. Also the timing of her claim is suspicious...

[Tayken]

Thank you for your input. the matters are very relevant, and I believe would substantively effect a judgement made on the balance of probabilities premise.

The only really matter that should be challenged are claims regarding Rule 24.(4) "Violence and Abuse". And they should be done in blanket responses and not crazy detailed nonsense responses that take pages.

If something isn't truthful, just say it isn't truthful and move on.

1. Paragraphs x, y, z and zz of the Applicant's affidavit sworn on date, before person Y that is located in Tab 2 of the continuing record are not truthful.

2. Paragraphs .... are hearsay and should not be admitted as evidence.

Good Luck!
Tayken

[Tayken]

But what happened to the old saying "credibility is everything in court" Tayken?

Credibility is about YOUR credibility as a litigant not your ability to disprove the other litigant and demonstrate them as not being credible. It is also dependent on the cogency and relevancy of the evidence too.

Crappy and irrelivant evidence itself doesn't need to always be explicitly called out on.

In fact, I find that the most highly conflicted party in a matter is one that tries to constantly attack the credibility of the other party. There is a tell tail sign of this kind of littigant. They can write a long affidavit and there are no attached affidavits. Otherwise known as "hearsay".

You want to look credible... Blanket identify that which is hearsay and not credible evidence and move on. Don't get involved with a he-said-she-said bullsh*t.

THIS IS WHY LAWYERS ARE IMPORTANT AND ARE HELPFUL. They can identify that which is relevant and needs a proper reply and that which doesn't.

Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?

No. Not in family law. You are presenting your argument in line to Rule 24 of the Children's Law Reform Act... Which is the "best interests test". That is the test of relevant evidence in family law. If the evidence doesn't apply to the "best interests" test in some way... Why bother responding. Just identify it as hearsay or irrelevant.

Present yourself as a calm, collected, actively involved parent who puts the children's best interests forwards and doesn't go to extremes and you will do better in court.

What do you think of a judge will think if someone gets marred in the details of irrelevant materials? Do they present themselves as a calm, collected and thoughtful person? Or someone seeking vengeance. You have to walk the line in family law... It is hard to do without a a good lawyer helping.

Good Luck!
Tayken

[DontGiveUp]

FB_ I agree

[plainNamedDad44]

See the bold above OP. Read it again and again and again and again.

Relevance matters.

Thank you for your input. the matters are very relevant, and I believe would substantively effect a judgement made on the balance of probabilities premise.

[FB_]

But what happened to the old saying "credibility is everything in court" Tayken?

Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?

If you don't disagree with it how is the judge to know it's not the truth.

They have to prove it's true when YOU challenge it as untrue.

[DontGiveUp]

But what happened to the old saying "credibility is everything in court" Tayken?

Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?

[Tayken]

Take the emotion out of it. It depends on the situation.

Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.

See the bold above OP. Read it again and again and again and again.

Relevance matters.