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Questions Regarding Affidavits from minors - Evidence Act (Statute)

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  • Questions Regarding Affidavits from minors - Evidence Act (Statute)

    Good morning community,

    BACKGROUND
    1. I am headed to a TMC (trial manangement conference) on the 24th. On April 5th STBX counsel motions to amend pleadings for tort claim. That motion was adjourned for superfluous reasons. Description of the assult in STBX's materials is horrendous and their claim amount would literally bankrupt me. My intention is to at the TMC ask that the claim be severed. But to cover my butt I am preparing a defense.

    2. My children all live with me, with the OCL squarely behind that.

    CURRENTLY

    3. According to the Evidence Act, 3 of 4 of my children are old enough to swear affidavits. All 4 have written accounts of the assault (they saw it - yes I am ashamed). My intention is to have 3 of the 4 than can swear these accounts as affidavits and then to serve and file for use. These directly contradict STBX's key points of assault.

    On the matter of the children provided these, please understand, my children live with me for very good reasons in regard to STBX, and did these willingly and are in their own words. Also if the claim wasn't as extreme as it is, I would not have resorted to this.

    QUESTION

    1. For affidavit prep, can I attach their written recounts as exhibits to their own respective affidavits, should they be transcribed (typed) into the affidavit directly ?

    As always thank you

  • #2
    Found a bunch of stuff.. hope this helps others.

    JP Boyd on Family Law Blog by Collaborative Divorce Vancouver: Children's Affidavits: Procedures, Cautions and Concerns

    http://www.oba.org/en/pdf/sec_news_f..._Not_Niman.pdf

    Comment


    • #3
      I still think that getting your kids directly involved in litigation is a terrible thing to do, especially since you probably don't need those affidavits to win.

      Comment


      • #4
        Originally posted by Janus View Post
        I still think that getting your kids directly involved in litigation is a terrible thing to do, especially since you probably don't need those affidavits to win.
        I agree.

        Also, some advice from another thread that is relevant:

        http://www.ottawadivorce.com/forum/f...19/#post219297

        Comment

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