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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 08-03-2011, 12:04 PM
momof6 momof6 is offline
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Default small claims court?

Does any body here know if this issue belongs in small claims court?

My husbands ex wife has not allowed him to have any family photos from the marriage/of the kids. We do not really want to pay a lawyer lots of money so we were hoping that small claims court might be an answer.

He would like copies of the photos, not to take the originals.
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Old 08-03-2011, 12:14 PM
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Kenny Kenny is offline
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You really need to call a lawyer for this one. From my experience, the photos could be construed as marital property, therefore Small Claims Court might not be able do dispose of the issue. But in any case, read the Rules of Civil Procedure at the link below and also look at the Small Claims Court Act of Ontario. Between those regulations and a quick free call to a lawyer, you should have your answer.

Courts of Justice Act - R.R.O. 1990, Reg. 194
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Old 08-03-2011, 01:30 PM
ProudMomof3 ProudMomof3 is offline
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I really feel for you. My ex did the exact same thing. He took ALL of my kids
photos. I've asked for him to put them on a disk and send them to me and he won't. He even has the photos of my son from my first marriage and claims he doesn't have them. He does. He took EVERYTHING. I think that's a horrible thing to do someone. On top of that, he took the camera AND camcorder, and I can't afford to buy either.

In my opinion, taking all the photos, is far worse than any of the material stuff he took.

I hope you get your photos back.
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Old 08-03-2011, 01:51 PM
momof6 momof6 is offline
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Dear Proud Mom,
Thanks, I agree with you. I always said if my house burned down, the only thing I care about (other than people and pets) are the photos and videos. These can't be replaced.

I hope at some point you are able to recover yours as well. What a cruel thing to do.
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Old 08-04-2011, 12:02 PM
Lautario Lautario is offline
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Photos are pretty easy to recover. One day your children will be 18 and can just get copies when visiting your ex. It is just a waste of time and energy to battle over pictures, time WILL solve the issue.
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