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 10-19-2012, 10:06 AM
c800957276 c800957276 is offline
Member
 
Join Date: Oct 2012
Posts: 56
c800957276 is on a distinguished road
Default Perjury

Hello all,
Well, I'm going through a divorce, and we seem to be heading for trial instead of settlement.
Upon separation, I had offered to grant my wife exclusive possession and ownership of all assets, including the home and savings, while also offering to take care of all debts, which at the time were only a car loan, on the sole "condition" that we agree on shared custody, with shared living arrangements for our seven year old son. This was a verbal offer and the wife declined it. She sent me a written offer without prejudice via her lawyer asking for everything (which I have no problem giving her), but refusing to agree on shared/joint custody. I refused. Since then, it's been the "I said, she said" scenario.
To make matters worse, she got fired from her job after separation. Since then, she is voluntarily unemployed, but lying in her pleadings and affidavits that she is looking for work. At our case management conference, the judge ordered her to return all the money she had taken from a joint line of credit with me without my consent (over $20K) minus interest paid. She acknowledged. Two days later she told me that she would be returning less because she had used her own money to pay for some paint work around the house, and that she needed to get that money back.
The contractor that did the painting was her brother in law, and at the time, she told me he had not charged her anything. Now she went and asked him to make up an invoice for $2K, which she used to justify her lie and return less money than what was ordered.
I have evidence to prove that she is voluntarily not looking for work via an email that I got by accessing her email address; I also have screenshots of a text message she sent to her sister asking her to fabricate an invoice to justify the paint work. Both of these items were obtained by accessing her smartphone.
I was told that these records cannot be used in court because of the nature of their origins, but how can I then prove that she is lying and in perjury?
If I go ahead an insist in presenting these documents, what is my penalty for breaking her privacy? It can't be worse than her manipulating the legal system and perjury.
She is doing all this by gambling her chances of maximizing spousal support, while getting my son used to living with her all the time (because she has decided to not work) and thus also maximizing child support. It's all about the money for her, and I can't possibly let my son be brought up in an environment such as that. My son needs her, yes, but he also needs me, and she is not a good role model right now.
Advise please!!!
  #2  
Old 10-19-2012, 11:18 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,885
HammerDad will become famous soon enough
Default

The evidence you have, even if you put it forth, would likely be dismissed as inadmissable.

For the painting, you should get a quote from other painters for the value of work completed. If she is saying she paid $2k for it, but the painters state it is only a $500 job, then you state you are willing to accept a reduction of $500 from the amount, but not $2k. Also ask for the invoice for the work completed.

As for her not working, there isn't much you can do about that. Instead of looking to force her to work, you ask the courts to impute an income to her equal to what she was making prior to her dismissal, or failing that, full time minimum wage.

Your accessing her personal information would be GREATLY frowned upon. Simply put, DON'T DO IT. Any evidence would be dismissed and your credibility and character would likely be brought into question. You'll look like a sneak and someone who has little regard for their ex's privacy and be treated as such.

I would highly recommend getting legal counsel as your other posts all seem to equate to a need for guidance.
  #3  
Old 10-19-2012, 11:24 AM
murphyslaw murphyslaw is offline
Senior Member
 
Join Date: Jul 2012
Location: 2 miles south, of the middle of nowhere
Posts: 500
murphyslaw is on a distinguished road
Default

You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.
  #4  
Old 10-19-2012, 11:24 AM
danzuchy danzuchy is offline
Banned
 
Join Date: Mar 2010
Posts: 208
danzuchy is on a distinguished road
Default

Lying in family law is the norm.
  #5  
Old 10-19-2012, 12:00 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,997
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by murphyslaw View Post
You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.
The determine of if the person in question "employed a criminal way of getting information" is best determined by the criminal courts whereby the determination is based on "beyond reasonable doubt" and not like civil matters which are based on the "balance of probabilities".

The rules of evidence in civil matters are incredibly complex. In general, if the OP was given the password to the account, had open access to the device and didn't have to "hack" the access the information the crown generally won't lay charges and when the matter is a Family Law matter.

Canadian Criminal Procedure and Practice/Search and Seizure/Reasonable Expectation of Privacy - Wikibooks, open books for an open world

Massively complex issue in Family Law Matters often falling into the whole invasion of privacy based on intrusion upon seclusion.

The first requirement is for the defendant to establish the OP's actions were intentional or reckless.

Second, the OP must have invaded, without lawful justification, the plaintiff’s private concerns.

Third, a reasonable person would regard the invasion as highly offensive and causing distress, humiliation or anguish.

1. The OP doesn't appear to be intentional or reckless on the surface.
2. The evidence in question is with regards to a joint asset.
3. What "distress, humiliation or anguish" can be demonstrated as a result of presenting the evidence counter to a sworn statement by the party for which the hold a declaration against interest made by the swearing party in question?

Best advice is to talk to a lawyer about the admission of evidence in the matter as a counter providing it is a declaration against interest to the statement sworn as the truth.

Good Luck!
Tayken
  #6  
Old 10-19-2012, 12:05 PM
HappyMomma HappyMomma is offline
Senior Member
 
Join Date: May 2009
Location: In a very happy home.
Posts: 758
HappyMomma is on a distinguished road
Default

Quote:
Originally Posted by murphyslaw View Post
...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways
I have never lied or intentionally omitted details on an affidavit. Not everyone lies.
  #7  
Old 10-19-2012, 03:03 PM
c800957276 c800957276 is offline
Member
 
Join Date: Oct 2012
Posts: 56
c800957276 is on a distinguished road
Default

Quote:
Originally Posted by murphyslaw View Post
You have just admitted to a criminal offence on a public forum and by the way ...everyone lies on affidavits.Some merely lie by omitting details ,some lie in other ways but dollars to donuts you lied on your affidavit too.Now...the only difference is you employed a criminal way of getting information you wanted.So what you are saying is laws don't apply to you-you have to win at any cost.So now she did something bad and you did something highly illegal to punish her and you think yourself the better role model??????????You broke the law buddy-you are no role model to anyone.
See it as you may. I was told to tell the truth, and signed a sworn affidavit. I guess the legal system needs to be played, and the legal system applies LAW, not JUSTICE. You may say I'm not a good role model, so let's go ahead and let my son be brought up in an environment where fabrication and lies are admissible. I only did this to realize how wrong I was to trust the system, and now your opinion, albeit not the consensus, only confirms that LAW does not equal JUSTICE.
  #8  
Old 10-19-2012, 03:32 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,997
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by c800957276 View Post
See it as you may. I was told to tell the truth, and signed a sworn affidavit. I guess the legal system needs to be played, and the legal system applies LAW, not JUSTICE. You may say I'm not a good role model, so let's go ahead and let my son be brought up in an environment where fabrication and lies are admissible. I only did this to realize how wrong I was to trust the system, and now your opinion, albeit not the consensus, only confirms that LAW does not equal JUSTICE.
Family Law is not about seeking "justice". It is about the best interests of children, equalization and applying the Rules.

Those who go to the family court seeking vindication through "justice" always walk away upset, angry and very large legal bill:

http://www.ottawadivorce.com/forum/f...uilding-11216/

http://www.ottawadivorce.com/forum/f...slander-11857/

http://www.ottawadivorce.com/forum/f...lawyers-12446/

http://www.ottawadivorce.com/forum/f...divorce-12623/
  #9  
Old 10-19-2012, 03:37 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,997
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

... double post... weird...
  #10  
Old 10-20-2012, 09:22 AM
murphyslaw murphyslaw is offline
Senior Member
 
Join Date: Jul 2012
Location: 2 miles south, of the middle of nowhere
Posts: 500
murphyslaw is on a distinguished road
Default

Quote:
Originally Posted by CSAngel View Post
I have never lied or intentionally omitted details on an affidavit. Not everyone lies.
I did not lie either but however did omit my exes penchant for underage porn as I did not want the children to find out. Ever.If he ever gets charges pressed against him, that's out of my hands.I did not protect him or lie for him , but I did not mention that.
Closed Thread

Tags
evidence, perjury, trial


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
Lying in affidavits in family court and perjury charges in criminal court Annie33 Common Law Issues 24 05-21-2011 10:31 AM
Perjury... mrsb Divorce & Family Law 3 09-24-2010 01:51 PM
Ontario Justice Bruce Pugsley's recent comments in family court logicalvelocity Political Issues 7 09-22-2010 05:10 PM
lie? cyclegeek Divorce & Family Law 8 09-17-2009 08:00 AM


All times are GMT -4. The time now is 10:03 AM.