Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 05-13-2010, 11:00 PM
rohit rohit is offline
Junior Member
 
Join Date: May 2010
Posts: 2
rohit is on a distinguished road
Default Evidences- Please help

My x is asking me to pay for the daycare.
According to her she pays $50 per day, 4 days a week to the babysitter for looking after my 5 year old. The babysitter has also given an affidavit that she charges that. I know that my child goes to babysitter for only 1 day a week therefore i went to the babysitter's place with a hidden camera. We had never seen each other before that...
When I asked her about her babysitting charges she told me that her rate is $3 per hour because she does not have any child care qualification. She gave me all the information about my child also without knowing that I am the father of the same child. She told me that she looks after child only 1 day a week for 5 hours.
Now, I have that video recording & so far my only evidence to prove that my x has sent me the fake bills. So please advise me:
Do I need a special permission to play those tapes?
I do not want to give this evidence to my ex before the trial. I want to play that only in trial because I know if my ex gets this tape she can manupulate or change lots of things before trial..
Do I need to send my ex the copy of the DVD before the trial?

rohit
  #2  
Old 05-15-2010, 09:20 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

To me - An option is to Summons the babysitter and cross on their previous sworn material. Form 20 could be implemented to request upfront disclosure of payment received for child care services rendered. Weak position if they cannot show proof of payment received.

Welcome to the forum...
  #3  
Old 05-15-2010, 09:41 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Quote:
Originally Posted by rohit View Post
I do not want to give this evidence to my ex before the trial. I want to play that only in trial because I know if my ex gets this tape she can manupulate or change lots of things before trial..
Do I need to send my ex the copy of the DVD before the trial?

rohit
You must disclose everything you are going to bring up in trial, and all evidence beforehand.

Let your ex bring up childcare first in her application/answer (depending on who started the suit). In your response, you would then refute your ex's statement and refer to your evidence. (you would be best off to go to a notary and get a notarized transcript of the conversation, and attach that along with your affidavit about the conversation, and then provide copies of the tape on request. As LogicalVelocity says, you could also call the babysitter as witness). This at least puts your ex's deception on record, and your evidence is relevent to the proceeding.

Meanwhile it is always best to avoid trial and settle out of court. If the process has begun, you do want to submit your evidence and point out your ex's duplicity. But aside from this you should be trying to negotiate, point out you have proof of her lying and make a reasonable offer.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
do you attach written evidences to your "answer"? BitHunter Divorce & Family Law 2 05-11-2010 12:37 PM
Evidences kanan Divorce & Family Law 2 05-10-2010 08:53 PM


All times are GMT -4. The time now is 08:33 PM.