Announcement

Collapse
No announcement yet.

What kind of evidence is permitted..

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • What kind of evidence is permitted..

    We have a couple of emails left by my husbands ex, and frankly its like the 3 faces of Eve...complete wacko. In one she is sobbing saying that their son should come live with us and that she can't deal with him anymore and we're so good with him and he never listens to her etc...then then next one is about 12 hrs later and she's hurling insults and accusations and saying how superior she is etc.. these are just 2 voice mails of about 8 or 9 she left in 36hrs.

    I'm wondering if we will be able to submit this as evidence by way of transcripts, as well I'm wondering if we can play them for the OCL when we meet with them.

    Also...is there any way possible that the OCL or judge might recommend a psych assessment or we request one or is that next to impossible? I'm quite convinced she is mentally ill.

    Thanks for the help!

    Jlalex

  • #2
    Originally posted by jlalex
    I'm wondering if we will be able to submit this as evidence by way of transcripts, as well I'm wondering if we can play them for the OCL when we meet with them.
    Yes.
    We were advised by our lawyer to record all conversations with the ex wife as she tended to have "mood swings" and would be nice and agreeable one moment, and within hours evil and vindictive. We submitted transcripts and also had the actual recordings should the court request to listen to them.

    Originally posted by jlalex
    Also...is there any way possible that the OCL or judge might recommend a psych assessment or we request one or is that next to impossible?
    This is indeed possible.
    If you can show cause and if the OCL has had an opportunity to also listen to the recordings they too may make the same request, or support your request.
    NOTE: this is extremely pricy, and I would suspect the court, if they concur, they will want both family assessed to make sure it is complete, and gets both sides.
    We did however claim most of this through our insurance, and the remaining amount we claimed on our tax returns and we both got a sizable return since we split the claim to maximize our return.

    Comment


    • #3
      Are you allowed to use secretly recorded phone calls? I thought those might fall under the same broad category as keylogged IM chats or password-swiped emails. On the one hand this sort of evidence can often more accurately represent what your spouse is really up to, but at the same time it's a bit devious - would that look bad on you in front of a judge?

      Comment


      • #4
        I believe that you can tape a conversation as long as one party is aware of the recording. But I think it wouldn't go over well if you entrapped the other party to say something. Think of it as insurance if needed, not as a basis for your affidavit.
        I don't think it would look bad to a judge if you recorded your conversations with your ex. People who have nothing to hide, hide nothing. I make sure I am non-threatening, I don't exaggerate things, speak rationally with my ex so that if a third party heard our conversations, I would not be considered the problem.

        Comment


        • #5
          We did not advise that we were taping, and we were still permitted to enter transcripts ONLY if we had the original unaltered recordings for the court to review.

          Like independentgal said, if they have nothing to hide, and they are being truthful, then it really shouldn't matter.
          If they are telling the truth what difference does it make right?

          Comment


          • #6
            I guess that would be the difference between phone calls and pirated emails / IM chats ... the former were intentional communications to you so they would have to stand by them, whereas the latter are private communications to other people.

            Comment


            • #7
              It's important to understand that Family law is NOT like criminal law.
              In criminal law, you would NOT be allowed to enter said conversations unless tall parties were notified that the conversation was being recorded.

              Criminal law has the whole privacy rules that are serious and MUST apply.

              Family law is all about the children; if the well being of a child is a stake, privacy is out the window. Parents have a responsibility to be child focused and do what is within the child’s best interests, and if they are not doing that, then the courts NEED to know.

              Below is link to case where transcripts from telephone conversation allowed as evidence.

              http://www.canlii.org/en/on/oncj/doc...05oncj239.html

              This link too is a case which allowed transcribed telephone conversations

              http://www.canlii.org/en/bc/bcsc/doc...2bcsc1262.html

              Part of the case implies that the other parent had no knowledge of the recordings taking place.

              I accept the transcripts into evidence, given that the ultimate issue is the welfare of the child, and whether his father has now put him at risk. The petitioner says that she has recorded the conversations because the respondent repeatedly denies having conversations with her “around certain topics with Liam”,

              Comment


              • #8
                Wow,
                Thanks for the links on this FL
                I posted this exact question before reading this thread...
                Like I always say:
                "C.Y.A"
                or "cover you a**"

                Comment


                • #9
                  Originally posted by jlalex
                  We have a couple of emails left by my husbands ex, and frankly its like the 3 faces of Eve...complete wacko. In one she is sobbing saying that their son should come live with us and that she can't deal with him anymore and we're so good with him and he never listens to her etc...then then next one is about 12 hrs later and she's hurling insults and accusations and saying how superior she is etc.. these are just 2 voice mails of about 8 or 9 she left in 36hrs.

                  I'm wondering if we will be able to submit this as evidence by way of transcripts, as well I'm wondering if we can play them for the OCL when we meet with them.

                  Also...is there any way possible that the OCL or judge might recommend a psych assessment or we request one or is that next to impossible? I'm quite convinced she is mentally ill.

                  Thanks for the help!

                  Jlalex
                  Section 105 of the courts of Justice act deals with psychiatric assessments of individuals. For instance, if a persons mental health is in question on their finesse to parent a child, the court can order an assessment.


                  In this case, the court ordered the assessment under the statute:

                  J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)

                  http://www.canlii.org/en/on/onsc/doc...nlii13790.html


                  lv

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X