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  • #16
    I don't know if police officers routinely record verbatim statements. If there was a police report filled out by the complainant at the time of the incident, however, your ex might have been stupid enough to put her allegations in writing?

    If someone makes a complaint, which turns out to be inflammatory, to police and after investigation the file is closed then that, in itself, is quite telling IMO.

    Police and courts realize that domestic disputes during family law litigation are commonplace and it is not unusual for the warring parties to make exaggerated statements. If the police think there might be credibility to the complaint then the normal procedure is to refer the matter to Children's Services for further investigation.

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    • #17
      BTW - I had to hire a criminal lawyer to fight allegation that my ex's g/f made towards me. She filled out the statement with ludicrous allegations. Of course the matter was brought to a judge and swiftly dismissed. Yes this matter was indeed referred to in family court. I have to say that in the end it probably made little difference to anything. Throughout my time in court I always included police file#s and that way the judge could refer to the matter if he wanted to.

      When dealing with high-conflict people it is sometimes wise to simply disregard the obnoxious statements and instead focus on facts and present oneself as a forward-thinking individual. Getting into a he said/she said situation never bodes well in court.

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      • #18
        Originally posted by Serene
        This forum and our opinions are free. If you want to micromanage what other forum members have to offer - it won't happen

        And by the way, for what its worth, even though you didn't ask, I think you will spend a lot of time and effort and energy in getting police reports/records and won't be able to do what you hope. Simply put, because dad may have a record that lets say he assaults someone - doesn't mean he is a threat to the children. A criminal history does not dictate a threat to the children. You have to PROVE A THREAT TO THE CHILDREN, not prove he has a criminal history....call CAS and ask this yourself. You're jumping at straws in my opinion and quite frankly I think this will backfire on you...
        If you want to give 'free' opinons based on biased assumptions, those opinions will be ignored.

        Since I'm not trying to prove he's a threat to the children I guess I have no worries.
        Last edited by HappyMomma; 01-14-2015, 03:07 PM.

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        • #19
          In addition to laying charges against me (spring 2014) for historical assault against my ex that was supposed to have happened in 2012, there was a referral to CAS the next day.

          CAS was already involved because ex and her mother made false allegations of sexual, physical and emotional abuse of baby 3 weeks earlier. CAS conducted their investigation and told my ex the claims were not found to be credible and that they were closing the file.

          The next access visit after CAS shut them down is when the cops were called alleging the domestic assault 2 yrs prior and that I was putting my hand over the baby's mouth and nose and gagging him with his bottle.

          All of this has been dealt with in criminal court. No trial, No peace bond. No Conditions. Crown withdrew charges after several thousand $$ spent proving they were both lying and telling different stories to CAS, Police, Family Court.

          I have copies of the disclosure materials in my possession. My ex made her statement on videotape (transcribed to disclosure). Her mother made an audiotaped statement (transcribed to disclosure). I can even watch the DVD of my ex's video statement if I want to since my criminal lawyer has it.

          Here is why I don't believe I can use what I have but may need to go through FOI to get a copy I can submit to family court. Statements on the disclosure read:

          "Disclosure is provided to the accused and to counsel in this matter solely for the purpose of making full answer and defence to the charges identified in the materials."

          "Improper use or dissemination of disclosure may result in an investigation leading to significant consequences.

          I have made statements in my affidavits submitted to family court that I consider the statements made by my ex and her mother to the police to be inflammatory, malicious, strategic and in "BAD FAITH".

          Every motion I have filed so far has been successful and I have been granted more access time with my son every time we attend court.

          We have a settlement conference (our third) scheduled for late spring to try and come to a custody agreement. I doubt my ex will back down from wanting sole and it will go to trial. I am agreeable to joint, shared or having sold custody myself.

          Their statements made to the police would go a long way to show the family court what these two are truly capable of and how their twisted minds work. I believe they are and will continue to warp the mind of my toddler son and while I know I can't prevent that completely, I have to continue to fight be his dad and expose him to a different environment when he is with me.

          If I can use the disclosure great, but if I have to go through FOI to get a "legal" copy, I need to get on it. I just don't want to spin my wheels if I don't need to.

          Thanks!

          Comment


          • #20
            Originally posted by arabian View Post
            BTW - I had to hire a criminal lawyer to fight allegation that my ex's g/f made towards me. She filled out the statement with ludicrous allegations. Of course the matter was brought to a judge and swiftly dismissed. Yes this matter was indeed referred to in family court. I have to say that in the end it probably made little difference to anything. Throughout my time in court I always included police file#s and that way the judge could refer to the matter if he wanted to.

            When dealing with high-conflict people it is sometimes wise to simply disregard the obnoxious statements and instead focus on facts and present oneself as a forward-thinking individual. Getting into a he said/she said situation never bodes well in court.
            Thanks Arabian,

            I agree that if we can come to an agreement without going to trial, I will continue to ignore the majority of the obnoxious crap spewed by my ex and her mother.

            Only if it looks like we will go to trial am I feeling the need to have these statements in my files.

            YD23

            I will definitely include the police file# in any future submissions if it seems appropriate.

            Comment


            • #21
              Happy Momma - you posted "BINGO" to the post above that you were looking to see if dad was a threat to your children... what are we missing? Or were you just playing bingo and thought to post it here on this forum with a cut and paste of the text about dad potentially being a threat to boot?

              We have to make assumptions when the poster won't answer questions. So here it is again: What do you want the police reports for? Why do you want them?

              Note: if I want a donut, I go to the donut shop...if I want to see someone's criminal past I might request their criminal records... so I feel pretty safe in making my assumptions that you want his criminal past. And again, I point out that if anyone else was concerned with his criminal past they'd have ventured down that road already... the fact that CAS hasn't is tell tale.

              Comment


              • #22
                Originally posted by stripes View Post
                A lot of jumping to conclusions here. The request for police reports may be to figure out whether the person in question poses a danger to the children - someone who has a criminal history involving violence is more of a concern than someone who does not. It sounds like the person in question has an unstable lifestyle (evictions, sporadic homelessness), so perhaps the OP is trying it get a clearer idea of how irregular his life really is. The OP may be not worried about immediate danger to the children - which would be a CAS matter - but may still want to know more about what is going on with the father.

                I don't know if any of my speculation is correct either, because all we have to go on is a few words on a screen here.
                I think this is what the BINGO comment was about.

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                • #23
                  Originally posted by standing on the sidelines View Post
                  I think this is what the BINGO comment was about.
                  My editing mistake - yes, that is exactly what I was referring to.

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                  • #24
                    I accept your apology

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                    • #25
                      Originally posted by Serene View Post

                      We have to make assumptions when the poster won't answer questions. So here it is again: What do you want the police reports for? Why do you want them?
                      My purpose does not need to be known to answer my question.

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                      • #26
                        Originally posted by Serene View Post
                        I accept your apology


                        <letters to make this post >

                        Comment


                        • #27
                          Originally posted by HappyMomma View Post
                          My purpose does not need to be known to answer my question.
                          You're right, it doesn't.

                          Technically.

                          You get the most bang for your buck on this site when you supply context, and open your mind up to some of the blunt stuff that follows.

                          Long and Winding vs. Straight and Narrow, and what-not.

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                          • #28
                            I really don't think that OP has to explain why she wants the police reports. Obviously she has something on her mind that she wants to see if the police reports can help her.

                            With the freedon of info, you will have to give specific dates for the search in addition to the other parties info. There will be a part where you will give phone number for other party and unless they consent to have their info released, the police report that you will receive will have all the parts of any statements that the other party made , blacked out. I personally believe that the police doesn't even contact the other party for consent anyways.

                            Anyways, the report will contain information on what you said and what the outcome of the report was. For example if the police felt that ex was lying then it might just say that in the officers opinion blank was being untruthful.

                            Its not very expensive to get the reports how ever if this goes to trial you cannot just simply use the police reports but will have to call the authorof the report as a witness.

                            Another way to get the full report without any blacked out parts is if an OCL is involved and you bring up these reports for whatever purpose you want them in the knowledge of the OCL( example safety concerns , past abuse, allegations etc), then the OCL will have to get a copy of the full report for himself in order to prepare his own report for court. You can then ask for a copy of your whole OCL assessment, reports and alllll notes ( even hand written) in writing and pay a fee for that, and BINGO you have a full report in your hands without any blacked out parts

                            Hope this helps and good luck.

                            Comment

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