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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-24-2015, 01:57 PM
abuseddad abuseddad is offline
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Default false allegations and how court will look at them

So my STBX starts allegations abuse all during marriage..even though she is mentally ill and she exercised forced confinement in the past...she is singing the tunes to the kids...how would the court look at the allegations? ...what can I do now to protect myself if she starts claiming these allegations now?
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Old 03-24-2015, 04:12 PM
HammerDad HammerDad is offline
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The courts see these allegations all the time. Simply deny them in a blanket statement like - The respondent denies the allegations set out in items 3, 4, 5, 14 and 28 of the applicants affidavit and requests the applicant provide strict proof thereof.

Then move along. Stick to the points that you are a good parent and have provided full and frank disclosure. Let the ex go on the witch hunt without you, it will only serve to make them appear spiteful.

But yeah, a simple blanket denial is all you need.
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Old 03-24-2015, 08:27 PM
Links17 Links17 is offline
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Pretty much ignored in my case. The judge said i dont Care
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Old 03-25-2015, 06:58 AM
Serene Serene is offline
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Why ask for proof if you deny the allegations. Just deny them.
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Old 03-25-2015, 07:10 AM
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LovingFather32 LovingFather32 is offline
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I agree with the blanket denial.

Keep your affidavits positive regarding the mother as much as possible. Keep it child focused. Go through the best interests test and make points that reflect your situation under each point. Have an outstanding parenting plan.

So,

1. Blanket denial ; 2. Child-Focused;

Other posters are correct, you dont "need" proof. But clean police records, CAS records do help. If she's never called the police and there's no history of abuse then her antics will be transparent to any judge.
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Old 03-25-2015, 08:40 AM
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Janibel Janibel is offline
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You've nothing to worry about, my ex was proven guilty in criminal court, I had several police reports, serious witness', and all the ex got was a criminal record, a slap on the wrist. None of it made any difference concerning the divorce case.

In your case all she has is allegations, unproven allegations.
You have nothing to worry about.
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Old 03-25-2015, 09:53 AM
abuseddad abuseddad is offline
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Thanks everyone
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Old 03-25-2015, 02:06 PM
Headwaters1 Headwaters1 is offline
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She is under the gun. The full burden of proof is on her not you.

I was accused by my wife of child abuse, verbal abuse of her, failing to feed the child among a bunch of lessor goofy claims.

I spent months spinning and stewing and building counter arguments and I can tell you the judge just says..."ok prove to me you were abused...". Is there a recording, something in writing, eye witnesses, police reports (made immediately), did she leave immediately?
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Old 03-25-2015, 02:22 PM
abuseddad abuseddad is offline
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So recording is allowed..she is constantly now calling me names in front of the kids and I simply demand respect....can I record?
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Old 03-25-2015, 02:34 PM
Headwaters1 Headwaters1 is offline
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Yes in Canada you can record any conversation you are a party to (involved in) and you don't even need to disclose that you are recording (it just courtesy to do so).

Now how admissible that is in court is another matter...and there may be tactics to help made the recordings more credible...no edits, longer recordings are better so to capture the whole conversation....so you are not picking and choosing what is included.

Its a long row to hoe if you are going to us it to proof she is in fact abusive but it would certainly be a good thing to have in your possession for your own confidence and it would a great thing to play for her lawyers just to let them know its out there...
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