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  • preparing an answer form on my own

    I have been served a form 8 application to change custody and support.

    I intend to file a form 10 answer. I am not getting a lawyer.

    I can't get to FLIC due to my work schedule.

    I am hoping to get help on this part of the form.

    "In numbered paragraphs, please explain the important facts that form the legal basis for your disagreement with each claim made in the application."


    I would like to know if:

    a) are there any style or language rules I need to follow.

    b) I have arguments to dispute the applicants claim for custody but I am unsure if they qualify as 'forming the legal basis' for my claim. I don't fully understand what I need to write in here. i.e. do I bother giving examples of how and when the applicant has not exercised his access to the children or is this considered petty mud slinging? Could I write things I have no evidence to prove i.e. my ex said he didn't want the children more than one day per month becuase he was too busy?

    c) I would like to attach documents to support my claim. i.e. emails to and from the applicant and my file notes from CAS (I already have a copy of my file). Can I simply attach these to my application or is there a process or form I need to complete?

    d) In the applicants application he makes reference to letters of support and notes they are attached. They were not attached to my copy. How do I get a copy and request this in the proper place and format?

    e) The applicant has lied numerous times in his application. I would like to dispute his claims. Can I simply write "I dispute that I did XXX" and "I dispute that I said, "XXX". What is a respectable way to dispute a lie without saying "that arse lied through his teeth"?

    f) in the family history section my ex lied about the details of his affair. I can prove it went on for years and not a month. Should I bother arguing this point?



    Thanks!

    two kids

  • #2
    I can cover some of them:

    b) Any persistent patterns in which access has not been exercised can certainly be noted, but if your ex has his own list of occasions where he has taken the kids for special occasions or assisted you, they will get brought up as well. If there are occasions where you have restricted access or changed times at the last minute, those are fair game for him as wel.

    f) Sorry to hear about the affair, I was the victim of one as well. Sadly, the courts could care less about the affair unless it is connected to a pattern of negligent parenting (ie. Daddy started introducing kids to 'new mommy' before even YOU knew were getting a divorce) I am not even sure, without you giving any further detail, why your ex would even reference it. I suggest that you avoid any of the details entirely, they will not help your case.

    Comment


    • #3
      a) are there any style or language rules I need to follow.
      You simply respond to the claims made in the application, do your best to be business like and respectful. Respond point by point to the applicant's points.

      e) The applicant has lied numerous times in his application. I would like to dispute his claims. Can I simply write "I dispute that I did XXX" and "I dispute that I said, "XXX". What is a respectable way to dispute a lie without saying "that arse lied through his teeth"?
      "With regards to the applicant's claim of XXX, the respondent denies this ever occurred."

      f) in the family history section my ex lied about the details of his affair. I can prove it went on for years and not a month. Should I bother arguing this point?
      Unless you are seeking divorce on the basis of adultery, it is entirely irrelevant. Ignore it.

      Here are some great resources to help you along:

      http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

      Family Court Procedures - Ontario Court of Justice

      Comment


      • #4
        a) are there any style or language rules I need to follow.
        - Numbered paragraphs that are well spaced (1.5 lines is ideal, with a full space between each paragraph), of a reasonable font size (12 minimum, 14 maximum)
        - consistent naming conventions (Applicant, or Applicant wife, or Applicant mother, or Applicant Betty Cooper, Applicant Ms. Cooper)
        - section headings are helpful ("background", "custody/access", "support", etc).

        b) I have arguments to dispute the applicants claim for custody but I am unsure if they qualify as 'forming the legal basis' for my claim. I don't fully understand what I need to write in here. i.e. do I bother giving examples of how and when the applicant has not exercised his access to the children or is this considered petty mud slinging? Could I write things I have no evidence to prove i.e. my ex said he didn't want the children more than one day per month becuase he was too busy?
        Any of the above information could be reasonably included. Ask a neighbour (or intelligent looking stranger) to read it over and cross out anything that seems irrelevant. Don't use every petty point, focus on the big ones.

        c) I would like to attach documents to support my claim. i.e. emails to and from the applicant and my file notes from CAS (I already have a copy of my file). Can I simply attach these to my application or is there a process or form I need to complete?
        Short answer: No.

        Why: Your Answer is not evidence. If you want to include proof of anything you are saying, that will go into affidavit evidence (for motions) and/or be introduced at trial as exhibits/during testimony.

        d) In the applicants application he makes reference to letters of support and notes they are attached. They were not attached to my copy. How do I get a copy and request this in the proper place and format?
        Go to the courthouse and check the court record to see if they are there. They shouldn't be, and you may wish to ask that they are struck (although this is not very helpful as they can be properly introduced later. Don't be petty.)

        e) The applicant has lied numerous times in his application. I would like to dispute his claims. Can I simply write "I dispute that I did XXX" and "I dispute that I said, "XXX". What is a respectable way to dispute a lie without saying "that arse lied through his teeth"?
        13. "At paragraph XX, the Applicant states YY"

        14. "This is not true. In fact, [truth]. I leave the Applicant to the strict proof of this allegation."

        f) in the family history section my ex lied about the details of his affair. I can prove it went on for years and not a month. Should I bother arguing this point?
        Why is that in the family history section anyways?

        Affairs are not relevant. It is useful to impact credibility (that he lied about it), however the Application is not sworn documentation. I doubt a judge would be interested in a half day of examinations being wasted to proof that two adults were engaging in legal sexual relations.


        The comments given above by STH and blink are helpful and should be considered.

        Comment

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