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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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Old 01-31-2011, 12:11 AM
ConcernedSTEPparent ConcernedSTEPparent is offline
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Default Few questions on Family Law and Ontario Court Forms

Hi again,

I have a few questions regarding court forms and Family Law.

1. Can a recorded conversation (in which only one party know about the recording) be used in a custody case? If not can a witness to the phone call testify stating such? (This being in Ontario)

2. How would I go about obtaining school records (i.e. Report Cards and Behavioral Assessment from current teacher) Dental Records and C.A.S. case file on my child if I do not have custody or a court ordered visitation.

3. Do I only need to fill out Forms 8 & 25 to start a court proceeding to obtain custody/access and to temporary set up visitation until court is under way?

4. Can I send in form 25 without having started court in order to start a relationship with my child. (Other parents has remarried and their new partner is preventing me from any contact with my child)

Thanks so much for any help.
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Old 01-31-2011, 09:38 AM
Mess Mess is offline
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It's legal to record your own phone call, but that doesn't make it admissible. Judges have full discretion about admissibility and the most important thing you can do is show it is relevent to your argument. A judge will not consider a full conversation relevent so will likely not admit the entire recording. Have the recording transcribed and a notary certify it is accurate. Make your argument, show how the conversation is relevent and include the transcript in your affidavit and then let the judge decide. A third party standing beside you didn't hear the entire conversation unless it was over speakerphone. If they didn't hear it then it is inadmissible because it is hearsay.

If you are not a custodial parent you can't obtain records without a court order. You may possibly get such an order at your first case conference, make your request in your brief and show how the information will be relevent. Otherwise, after your first case conference you may make motions for orders.

Form 8 is your application, this is how you start your case. It should contain your full case as far as you know it, including your arguments for the end result, so it is your request for final orders. The form 25 is for requests for orders other than at the actual trial, for example at a motion hearing.

You may try an emergency order before anything else but it will have to be an actual emergency, such as the ex is about to move out of town with the children. Otherwise you may get consent orders at the case conference; both parties have to agree but if your ex refuses it will be in front of a judge and usually you will get some temp custody. Otherwise after the case conference you can then file motions for temporary orders. At the case conference you can ask the judge for orders for disclosure, these don't require both party's consent, and can include orders for school documents, etc. Again, you have to show how these are relevent to your case, do not assume the judge will just figure it out.
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Old 01-31-2011, 08:13 PM
ConcernedSTEPparent ConcernedSTEPparent is offline
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Thanks for the help.

The phone call was indeed over speaker phone. That is why i had asked if the actual phone call wasn't allowed if the third party would be able to testify stating such.
The records needed are a part of my argument. So if I don't have access to them before I submit my form 8 (which I won't) will the judge allow me access to the files to then add to my case against my ex?
The reason I asked about form 25 is that my mother is dieing and my ex will not allow our child to visit with her grandmother. I think I will try the emergency motion for access to allow them a goodbye. Do you happen to know which form I would need for this.

Thanks again for all your time.
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Old 01-31-2011, 09:05 PM
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dadtotheend dadtotheend is offline
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Many, if not most, orders have a clause giving the NCP access to the school records. It's not a gimme that NCP is denied that.
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Old 02-01-2011, 12:56 PM
ConcernedSTEPparent ConcernedSTEPparent is offline
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Thanks Dadtotheend.
However there is no order stating custody of my child. We have never been to court and the previous custody arrangements and visitation was handle by us her parents.
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