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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 06-28-2018, 11:43 AM
thh1 thh1 is offline
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Default Can video admitted in Trial?

I was told by my lawyer that it usually not allowed to present in motion/conference. How about in Trial? The video is about how ex yelling to me (with worst dirty language ever) and my new girlfriend with kids crying beside. I had a surgery that time and could only lie down in the hospital. Do your guys think it helps?
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Old 06-28-2018, 01:48 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by thh1 View Post
I was told by my lawyer that it usually not allowed to present in motion/conference. How about in Trial? The video is about how ex yelling to me (with worst dirty language ever) and my new girlfriend with kids crying beside. I had a surgery that time and could only lie down in the hospital. Do your guys think it helps?


Help with what? What are you trying to accomplish with this video?


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Old 06-28-2018, 02:16 PM
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My Ex has temp primary resident with kids for 1 year now, I'd like to ask 50/50 in Trial
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Old 06-28-2018, 03:55 PM
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Berner was asking what was in the video, and what are you hoping to prove with this video?

Generally, the only thing you prove by showing a video in court is that you are somebody who likes to escalate conflict. The video had better be something along the lines of your ex ripping off your kids fingernails while they scream in pain. Otherwise, you are likely only hurting yourself.
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Old 06-28-2018, 05:47 PM
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Quote:
Originally Posted by Janus View Post
Berner was asking what was in the video, and what are you hoping to prove with this video?

Generally, the only thing you prove by showing a video in court is that you are somebody who likes to escalate conflict. The video had better be something along the lines of your ex ripping off your kids fingernails while they scream in pain. Otherwise, you are likely only hurting yourself.

No, in BC Video evidence has been successfully used in a trial; see Slogoski v. Mullan (paragraph 99):

http://www.courts.gov.bc.ca/jdb-txt/...15BCSC1810.htm


That being said:

(1) You are not allowed to just spring the video on the other party; you would have to put it on your list of documents.
(2) I think overall it's a risky undertaking because the judge could see it as Janus predicts.


My guess is that one of the following holds:
(1) BC differs from ON about video admissibility (probably not), or
(2) your lawyer is mistaken on the matter of its admissibility, or
(3) your lawyer thinks the video is a bad idea (most likely).
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Old 06-28-2018, 07:48 PM
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The people who seem to do well in child custody matters are those who make frequent mention on their ex's positive attributes and importance of having both parents involved with parenting. Smart money is on someone who can do this and, at the same time, put forward a very detailed, concise parenting plan.

Negating the other parent will do you no good. It goes without saying, you married and slept with the bitch. So if you try to show your ex is a monster then that doesn't say much for your decision-making skills does it?

If at all possible you should take the high road. Let your ex be the vindictive one; showing how she is not a good candidate for cooperative parenting.
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Old 06-28-2018, 08:03 PM
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I have a video my neighbor took of my ex destroying matrimonial property, burning furniture, etc. The other side is aware I have this video and I have every intention of using it for our settlement discussions. I was unable to get any of the matrimonial house furniture or other articles because he burnt them. This comes to about $60,000 worth of stuff he destroyed. I will gladly use the video against him when the time comes. Karma will supply the popcorn no doubt.
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Old 06-28-2018, 11:58 PM
backinthesaddle backinthesaddle is offline
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Default Criminal Vs. Subjective behaviour

Burning joint property is a criminal issue and video will show that he deprived you of your property. A screaming mother is just that....we have all screamed and had a crappy day and behaved badly. A video really only shows what you want it to show. Nothing before or after that shows the true story. Unless you want the judge vilify you in court and make you look like a fool I would delete the video and move on with trying to sort it out a different way. Being very congenial and the "good guy" goes a long way in family court.
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Old 06-29-2018, 12:03 AM
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Quote:
Originally Posted by Stillbreathing View Post
I have a video my neighbor took of my ex destroying matrimonial property, burning furniture, etc. The other side is aware I have this video and I have every intention of using it for our settlement discussions. I was unable to get any of the matrimonial house furniture or other articles because he burnt them. This comes to about $60,000 worth of stuff he destroyed. I will gladly use the video against him when the time comes. Karma will supply the popcorn no doubt.
I understand that you went through, and continue to go through, absolute hell with your ex.

Burning of old furniture (honestly ask yourself how old it would be now) by your ex (mentally disabled) taken by a neighbor will help you today? You/your ex possess medical documentation and that will likely be his defense. Why put yourself through such agony at reliving this? What do you hope to gain?

This happened how many years ago?
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Old 06-29-2018, 03:05 PM
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thh1:
Whether or not the video will help you in general depends on the details of what it shows and the whim of the particular judge. Family law is full of grey areas and I may have further muddied your waters with my previous post.

To be clear, my advice is the same as Janus' and arabian's: almost certainly don't use the video. If your lawyer also advises you not to use the video the almost certainly part of the advice can be removed.

I would further advise you to not talk about the video with your lawyer or show him any other videos for 2 reasons:
1) it costs you money that you need to fight the war, and
2) the video is not protected by attorney-client privilege and your lawyer could hand it over to opposing counsel; very dangerous.
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