I've been reading up on the Children’s Law Reform Act and it says:
Affidavit
(2) An application under subsection (1) for custody of or access to a child shall be accompanied by an affidavit, in the form prescribed for the purpose by the rules of court, of the person applying for custody or access, containing,
(a) the person’s proposed plan for the child’s care and upbringing;
(b) information respecting the person’s current or previous involvement in any family proceedings, including proceedings under Part III of the Child and Family Services Act (child protection), or in any criminal proceedings;
and
(c) any other information known to the person that is relevant to the factors to be considered by the court under subsections 24 (2), (3) and (4) in determining the best interests of the child. 2009, c. 11, s. 6.
Question: Would I need to put my dealings in criminal court against my ex's allegations in an affidavit for my settlement conference? Or just deal with that in my case at trial (which is the only place I'm headed for sure)?
I'm still trying to whittle down my offer to settle to what is relevant, without laying down any of my arguments for trial. I don't see how a judge can give you a good legal perspective on your offer if they don't have the facts surrounding the situation. Am I mistaken here?
Affidavit
(2) An application under subsection (1) for custody of or access to a child shall be accompanied by an affidavit, in the form prescribed for the purpose by the rules of court, of the person applying for custody or access, containing,
(a) the person’s proposed plan for the child’s care and upbringing;
(b) information respecting the person’s current or previous involvement in any family proceedings, including proceedings under Part III of the Child and Family Services Act (child protection), or in any criminal proceedings;
and
(c) any other information known to the person that is relevant to the factors to be considered by the court under subsections 24 (2), (3) and (4) in determining the best interests of the child. 2009, c. 11, s. 6.
Question: Would I need to put my dealings in criminal court against my ex's allegations in an affidavit for my settlement conference? Or just deal with that in my case at trial (which is the only place I'm headed for sure)?
I'm still trying to whittle down my offer to settle to what is relevant, without laying down any of my arguments for trial. I don't see how a judge can give you a good legal perspective on your offer if they don't have the facts surrounding the situation. Am I mistaken here?
Comment