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  • Gathering evidence

    Hi there,

    I am self-representing, and looking for some help from others on this site.

    Firstly- I am trying to determine the best way to document facebook posts made by the ex and her friend. These posts are highly relevant to upcoming proceedings, and important that they are made admissible as evidence. I have done the legal research, and there is sufficient precedence to use the posts. I will be filing the print outs of these posts in a Request to Admit, but it is a high conflict situation, and expect the evidence to be denied, leaving me to prove it's existence.

    Anyone have any real-life experience with this in court, and how did you/ your lawyer handle it? I have done screen shots, taken actual photos of my screen, and printed out the pages. Thinking of having a notary print off and certify copies of the pages maybe? My concern is the Canada Evidence Act - it seems to be a pretty tall order proving the authenticity of these posts to the letter of the act. Any experiences with this in court?

    As well, getting ready to motion for an order for questioning of non-parties. I want to do the questioning myself. (There are a few people I need to get to answer questions on record before trial, because I expect their answers to change once disclosure is complete and they "see my hand". Anyone out there done this? I am looking for a facility where the party can be sworn in, recording done, and afterwords the transcript and certification of the transcript. Any advice? Has anyone heard of companies out there who do this? Thinking a commissioner of oaths to do the swearing in?

    Thanks in advance!

  • #2
    I guess I am curious as to what the "goods" are that you have on her and what relevance does it have to your divorce or child custody? Are you trying to prove adultery or undisclosed income?

    More info required.

    Comment


    • #3
      why would his ex and her friend post stuff on facebook knowing he could see it???

      Comment


      • #4
        Not sure more info is required?

        My understanding is that adultery means nothing in family court, unless somehow you could prove it impacts one's ability to parent. And its not about income. I've done lots of research, when I say it is relevant, it is relevant and comparable to case law I have researched. My divorce was done awhile back, didn't go to trial, but custody issues present now, and thus we are heading back to court.

        I'm trying not to distract everyone with the story- just looking for the procedural help. I find sometimes on this forum that people (inadvertently or not) get a little sidetracked.


        Thanks

        Comment


        • #5
          @ Standing:

          When you block someone on facebook - you don't necessarily prevent that person from seeing you - you prevent yourself from seeing them and their posts.

          And your friends settings have a bunch to do with it. When you have friends in common - it is sometimes your common friends that bring these things to your attention.

          Comment


          • #6
            Your research is not very thorough it seems. Adultery is quite relevant in family law. You can be granted an immediate divorce if you can prove adultery, physical or mental cruelty. For some people the "immediate divorce" isn't important, for others it is. You require irrefutable proof or one of you needs to agree to swear to adultery.

            I don't believe adultery has any bearing whatsoever on child custody matters. I assume you must have some evidence of something that is detrimental to the well-being of your children. If this is the case then why not simply file a police report or go to OCS? Why the 'cloak and dagger'?

            Comment


            • #7
              The only thing I can see it being beneficial for is if they show themselves to be reckless and irresponsible.

              Also if they are on spousal support and not working and going on vacations.

              Comment


              • #8
                Yes, thanks slughead... I'm not here to give my sob story or get caught up in others. I am trying to keep my focus on what lies ahead, and cross off the items on my list that need to be addressed. This site has been a great help, and an inspiration for me to keep going. There are many great people on here offering a wealth of good advice, and it is their help especially that I am looking for.

                Comment


                • #9
                  They are not giving out information to civil litigants:

                  https://www.facebook.com/help/133221086752707

                  Comment


                  • #10
                    Originally posted by ByMyself View Post
                    Hi there,

                    I am self-representing, and looking for some help from others on this site.

                    Firstly- I am trying to determine the best way to document facebook posts made by the ex and her friend. These posts are highly relevant to upcoming proceedings, and important that they are made admissible as evidence. I have done the legal research, and there is sufficient precedence to use the posts. I will be filing the print outs of these posts in a Request to Admit, but it is a high conflict situation, and expect the evidence to be denied, leaving me to prove it's existence.

                    Anyone have any real-life experience with this in court, and how did you/ your lawyer handle it? I have done screen shots, taken actual photos of my screen, and printed out the pages. Thinking of having a notary print off and certify copies of the pages maybe? My concern is the Canada Evidence Act - it seems to be a pretty tall order proving the authenticity of these posts to the letter of the act. Any experiences with this in court?

                    As well, getting ready to motion for an order for questioning of non-parties. I want to do the questioning myself. (There are a few people I need to get to answer questions on record before trial, because I expect their answers to change once disclosure is complete and they "see my hand". Anyone out there done this? I am looking for a facility where the party can be sworn in, recording done, and afterwords the transcript and certification of the transcript. Any advice? Has anyone heard of companies out there who do this? Thinking a commissioner of oaths to do the swearing in?

                    Thanks in advance!

                    Just print your evidence file it in your CR and have it ready to show the Judge when your standing in front of one. I believe your CR is briefly looked over prior to court without much attention, Having it filed though allows you to use it.

                    Comment

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