Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #1  
Old 08-18-2010, 06:07 PM
Amanda2 Amanda2 is offline
Junior Member
 
Join Date: Apr 2009
Posts: 13
Amanda2 is on a distinguished road
Default Affidavit question

The judge is hearing my motion to change next wednesday. I have filed all of my documents and they have been served.

The motion is for primary residence. Our daughter spends 10 out of 14 days with me. We have joint custody but on top of that I look after her while my EX is working. She spends most of her time with me.

Getting to the point.

I just received his Motion to Change and Sworn Affidavit as well as Affidavits from 6 other people ( his family and future father-in-law).
All basically saying yes they are amazed at what a wonderful father he is. His fiancee actually states in hers that " he is the best father she has ever met". ( I hope she thinks that since she is having his child.)

My lawyer thinks that all these affidavits are not really necessary. He thinks I don't need to get my friends and family to do them because of course they are going to say nice things about me.

Please keep in mind I have never said anything against my EX that he would have to defend. Just that he has moved to what has been measured at 70 km away and now that she is starting school our current arrangement will be too hard on her and since she allready spends most of her time with me and her older brother she should be living with me.

Does anyone think I need my own affidavits - do the Jugdes put alot of weight on them?
Or is my lawyer right?

A.
  #2  
Old 08-19-2010, 07:47 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Change is uninviting at times. The new regime is too hard on who? 70 km of travelling may not be quality parenting time for your child but the distance is trivial.

Which parent or parent's is providing the transportation for the new regime so that your child can continue to come to know both their parents.
  #3  
Old 09-16-2010, 12:38 PM
Beaudoin Beaudoin is offline
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default

I have the exact same question as this woman, and it doesn't seem that LV really addressed it. Does anyone know if Affidavits really matter? What if they are coming from people who are not your relatives?
  #4  
Old 09-16-2010, 01:28 PM
SillyMe SillyMe is offline
Senior Member
 
Join Date: Feb 2007
Posts: 109
SillyMe is on a distinguished road
Default

Moreover, I think your ex may be demonstrating there is a larger community for the child that also have a vested interest in the current custody and access situation…being that as it may.
  #5  
Old 09-16-2010, 01:37 PM
KeepSmiling KeepSmiling is offline
Senior Member
 
Join Date: Dec 2009
Location: Dorking
Posts: 347
KeepSmiling is on a distinguished road
Default

What is the current primary residence? What do you want to change and why? Is it for school registration? Is it to change access arrangements? What is your Ex asking for in his motion?

And "the judge is hearing my motion" - Is this a Case Conference?
  #6  
Old 09-17-2010, 12:08 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Quote:
Originally Posted by Beaudoin View Post
I have the exact same question as this woman, and it doesn't seem that LV really addressed it. Does anyone know if Affidavits really matter? What if they are coming from people who are not your relatives?
LOL, of course Affidavits matter - hence my initial response. Affidavits are sworn evidence, although untested, but would hold some weight for interim disposition and/or Summary Judgement.
  #7  
Old 09-17-2010, 12:21 AM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

Affidavits DO matter, as LV has in fact answered twice...If they are coming from people other than relatives is irrelevant to some degree...the court will look at the person's role in the child's life and weigh the depth and sincerity of an affidavit. Anyone who signs an affidavit may be compelled to testify in any hearings, so often others are hesitant to provide them (like teachers, doctors, etc). Depending on each individual's sincerity, the judge will weigh any Affidavit on a balance of probability.
  #8  
Old 09-17-2010, 12:24 AM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

The best affidavits in a family dispute or breakdown are often those with no allegiance to either side, such as day/childcare providers, your children's classmates' parents, etc...those with no tie to one side or the other, the unbiased.
  #9  
Old 09-17-2010, 01:04 AM
rwm1273's Avatar
rwm1273 rwm1273 is offline
Senior Member
 
Join Date: Sep 2010
Location: Alberta, but would rather be in Africa.
Posts: 518
rwm1273 is an unknown quantity at this point
Default

Many judges don't place much weight on an affidavit from family or friends. I would not ask anyone to file an affidavit unless they had something specific to counter.

All the statements in his extra affidavits are just fluff. Don't waste time discussing that with your lawyer, as it will only cost you money.
  #10  
Old 09-17-2010, 01:18 AM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

Quote:
Originally Posted by rwm1273 View Post
Many judges don't place much weight on an affidavit from family or friends. I would not ask anyone to file an affidavit unless they had something specific to counter.

All the statements in his extra affidavits are just fluff. Don't waste time discussing that with your lawyer, as it will only cost you money.
I agree, but only if there is fluff in the affidavit. Otherwise, she will need counter-evidence to undermine the credibility. I would need more than the fluff statements from the new gf.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Hearsay Rules Grace Divorce & Family Law 19 01-09-2013 03:58 PM
affidavit question stoopid1 General Chat 5 05-05-2011 01:38 PM
Tips on responding to ex's Motion affidavit jezabelmom Divorce & Family Law 7 11-19-2010 02:21 PM
affidavit of service question... dickstacie Divorce & Family Law 7 05-21-2007 04:43 PM
Affidavit of Service question dickstacie Divorce & Family Law 2 04-15-2007 10:49 AM


All times are GMT -4. The time now is 11:16 PM.