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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 11-25-2019, 10:12 AM
newlifenewme newlifenewme is offline
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Default Live in boyfriend as a witness for custody hearing.

I have a custody hearing next January and we are allowed to bring in one witness. Is it a good idea to have my live in boyfriend as a witness or could this hurt my case for custody?
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Old 11-25-2019, 10:35 AM
Berner_Faith Berner_Faith is offline
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What will he be there to testify for?


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Old 11-25-2019, 10:46 AM
newlifenewme newlifenewme is offline
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What will he be there to testify for?
It will be for a custody hearing for shared parenting. I am seeking 50 /50 physical custody for the children.
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Old 11-25-2019, 10:59 AM
Berner_Faith Berner_Faith is offline
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Originally Posted by newlifenewme View Post
It will be for a custody hearing for shared parenting. I am seeking 50 /50 physical custody for the children.


How much weight do you expect a judge to put on the words of a boyfriend? Think about that really... heís going to talk about how great you are, heís not going to give an unbiased opinion. If it were me, Iíd be seeking a third party witness that isnít sleeping beside me at night... a neighbour? Daycare provider? Someone who is on the outside but knows you well enough to be in your corner.

A boyfriend isnít a good witness


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Old 11-26-2019, 07:05 PM
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Janus Janus is offline
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Originally Posted by newlifenewme View Post
It will be for a custody hearing for shared parenting. I am seeking 50 /50 physical custody for the children.
What will the boyfriend say?
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Old 12-01-2019, 06:00 AM
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Quote:
Originally Posted by Berner_Faith View Post
A boyfriend isnít a good witness
Sure they are! For the other party! The cross-examination of a "boyfriend" is always damaging to the party that presents them. Unless this person is a common-law spouse (or an actual spouse) that has 3+ years experience with the children in the matter they are useless. There has to be permanence to the relationship and the person's relationship to the children.

They also have to be a clean witness. If they are residing with the children in Ontario they need police clearance per 35.1.

Its also great witness for the "girlfriend" as the other party's lawyer (if they are good) will dig up a bunch of stuff you didn't know about them and ask them about it. Drunk driving charge? Bad divorce and conflict with their ex-spouse. Remember court records are part of the puglic record!
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