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Is this something I could use in court when filing to change a motion

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  • Is this something I could use in court when filing to change a motion

    I am trying to change my current living radius from 100km to the province of Ontario. The 100km has only been in the order since 2019 and the order we had from 2016-2019 had the province. The order was changed due to ex saying he was going to move back home, get a job and go to school. As he has only moved back home and hasn’t had a job since November 2018 nor has gone to school I am looking to change it back to province to allow for a better quality of life for my son because not much is available 100km from our town.

    The Father was supposed to have access on Wednesday and this weekend. Wednesday got canceled last minute because the father said he had the “sniffles” and his doctor said to self-isolate for 24 hours. Then on Friday, 20 minutes before he was supposed to pick him up, he said his mom, who he lives with, had to get tested for covid. I told him that our son would stay with me until the results came back. A back and forth occurred in which resulted in our son finally visiting him today (Sunday) as technically it was still his access time. He was supposed to have him from 10-6:30. During this time, my ex (as told by my son) yelled at him in the car ride home questioning if my son loved him and cared about his feelings. Then told him that he needed to choose what household to stand by and if he chose mine, that he would never see him, his grandmother or their dog ever again (which isn’t the case at all). Our is 8 years old and is being told if he doesn’t take his dads side in all of this (which he shouldn’t be involved in period) then he would never see his dad or his side of the family again. Last year, he told our son that if he told me he wanted 50/50 time with his dad that he would buy him a PlayStation.

    Is this something that can be used in court as on January 10th I plan on filing a motion based on material to get the current order changed. The main problem is, it’s my sons word against his fathers. The way I look at it though is my son has no reason to lie whereas the father just said “he’s 8. He’s lying to you” and hasn’t answered my messages since.

  • #2
    You can’t use what your child told you in court. It’s considered hearsay. It may also be that your child is telling you what he thinks you want to hear. Children have been known to do this. Regardless, you can’t use it in court. Only an OCL or custody assessor’s report of what a child says can be used in court. That is an expensive and unreliable route you’d be better off steering clear of.

    Good on you for being flexible enough and allowing access to proceed on Sunday. My advice is to keep taking the high road in all of this and don’t get drawn into any unnecessary conflict.

    Good luck.

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    • #3
      Take a deep breath, let it out and be grateful he is your ex.

      Teach your kid to let it go too or simply say I dont want to talk about this dad.

      When your son is old enough his feet will do the talking for you.


      Sent from my iPhone using Tapatalk

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