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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 04-15-2021, 05:11 PM
helenj helenj is offline
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Default Criminal Court Testimony used in Family Court?

Hi All,

My ex has testified at criminal court regarding her false allegations.

However, the trial ended up going towards a mistrial.

My question is whether or not we can use her testimony at criminal court in family court? Since we need to prove on a balance of probabilities that the allegations didn't happen.
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Old 04-15-2021, 07:40 PM
rockscan rockscan is offline
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You would cross examine her in relation to her assertion that you are not safe to have 50/50.


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Old 04-15-2021, 07:59 PM
helenj helenj is offline
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Right - but one of her arguments is that there has been abuse in the relationship and controlling.

Wouldn't the allegations she's made to the police need to be addressed in the family court?

Also, she's said a few things related to the children in criminal trial - can those be used in family court?
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Old 04-15-2021, 09:18 PM
rockscan rockscan is offline
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Family court operates on the best interest of the children. If her argument is you are unsafe to be around the kids then she would have to demonstrate it. You would have to prove you are not a danger to the kids. Nitpicking her testimony from another court to prove she is lying wont make you look good. Especially when her argument is you are controlling.

Many of your posts are aimed at your ex and her allegations. You need to be focusing on best thing for your kids and at this point you arent looking good. Remember she also has witnesses like assessors.


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Old 04-16-2021, 01:53 PM
iona6656 iona6656 is offline
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did you catch her lying on the stand- and she got called out? Get the transcript of the criminal proceeding.

however, it would seem the best way to approach this is to put the other side on the defensive to prove, on a balance of probabilities, that you are so abusive and controlling so as to not be able to make rational decisions about your child(ren) in a reasonable manner with your co-parent.

it's going to be a battle of he-said/she-said....hope you have people who can show you're just normal. I think most family judges have seen acrimonious couples- doesn't mean joint custody with parallel parenting can't work...

HOWEVER- if you have a conviction related to DV; and any other skeletons in your closet - AND if you have an independent assessor like the OCL saying you shouldn't be primary, etc etc....seems like an uphill battle.

Do you have an independence assessor for the kids on your file? I've noticed that a lot of cases where there's an actual charge related to alleged violence- the court orders OCL or some other form of assessment.
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Old 04-18-2021, 10:08 PM
helenj helenj is offline
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Quote:
Originally Posted by iona6656 View Post

Do you have an independence assessor for the kids on your file? I've noticed that a lot of cases where there's an actual charge related to alleged violence- the court orders OCL or some other form of assessment.
No independent assessor or OCL...she didn't ask for it and neither did I. Even though she's claiming I abused the kids. But the professional supervisor notes all shows the kids saying they miss me and want to spend more time with me? So .... that's something else that she'll need to address.

I did catch her lying on the stand which is why I want the testimony used in Family court if possible?
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Old 04-19-2021, 01:52 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by helenj View Post
I did catch her lying on the stand which is why I want the testimony used in Family court if possible?
It can be used. WorkingDad used criminal court information and testimony of witnesses all the time. Other parent would present a witness. He would look up their court records and so much glorious cross examination came out of it.

Quote:
[35] XXX XXXXX had completely no credibility. He was an abrasive witness who lied at the drop of a hat. He stated that he was on disability as a result of a car accident. When asked if anyone was at fault in this accident he said that he did not recall. He then admitted that he was convicted of drinking and driving. He indignantly protested that this was not relevant to anything. In any event he suddenly remembered he was convicted of an offence for this accident.
https://www.canlii.org/en/on/onsc/do...14onsc915.html

WorkingDad literally had the case in his hand and was asking him questions about it to prove he would lie. Worked well. If you want some fun stuff look up WorkingDad on this forum and I believe he posted the bankruptcy court findings when he challenged (as a debtor) the other parent's claim. It is magical use of other court finding all in one result.
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