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What would be the best way to word this affidavit for evidence

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  • What would be the best way to word this affidavit for evidence

    I am the parent with full custody and majority parenting-time.

    ex is trying to claim that my son doesn’t live with me and I only see him EOW.

    Using that to ask for joint custody, majority parenting-time and for my son to live with him.

    He has not, and refuses to provide any proof to back up his outrageous claims.

    I have a security system and have downloaded every video showing when my son has been home from the day my ex claims he stopped living with me until present. These videos CLEARLY show my ex is lying.

    Obviously I can’t just submit the 5gbs of videos, and I am collecting evidence continually, but I’d like to submit something, on record, showing this in attempts to have him and his lawyer back off with their claims.

  • #2
    Originally posted by thgink9- View Post

    Obviously I can’t just submit the 5gbs of videos, and I am collecting evidence continually, but I’d like to submit something, on record, showing this in attempts to have him and his lawyer back off with their claims.
    I would take still frame screenshots for once or twice a day for 14 consecutive days. Submit that for 2 months would clearly show more than EOW.

    Comment


    • #3
      I don’t know if you really meed to go that far. Wouldn’t it simply be a case of “I have reviewed the affidavit of the applicant and disagree with his statements in items xyz. As per the attached registration documents attached as exhibits abc, our son’s primary residence is my home and he resides in my car save and except for the times he is with his father at xyz address. My parents, his maternal grandparents, provide after school care on a limited basis and our son spends time with them periodically which may include overnight visits. He does not live with anyone other than myself.”

      Technically the onus is on him to prove his statements and most judges are grandparents themselves so they will accept that a child spends the night with them. I think you are letting his claims get to you. Plus when you have your first conference, the judge will give an indication on what they feel needs to be seen.

      Comment


      • #4
        Originally posted by rockscan View Post
        . Plus when you have your first conference, the judge will give an indication on what they feel needs to be seen.
        In my experience this may not happen so to ensure it does how is the subject brought up by Thgink9?

        Earlier in another thread it was either Tayken or Kinso that stated not to rely on the onus being on the other side to prove something.

        Is this going to the OCL? They view video and take notes, they write a report. That is evidence.

        Comment


        • #5
          I think you're getting ahead of yourself. Affidavits are for specific motions - you can make them and serve them, but won't be able to file it without an upcoming hearing.
          Wait for your ex to actually bring a motion with their material, then respond accordingly.

          Comment


          • #6
            Originally posted by rockscan View Post
            I don't know if you really need to go that far.
            When a poster, like this one, is so anxious about specific evidence and has the strong need to respond... Scatters and tries to defend themselves... I often get the sense that there is truth to the allegation...

            Like that she has been having her son live with her parents or that her son is spending a significant amount of over-nights with them.

            My view, its really a nothing burger of an allegation. But, the OP is focused on it. So much so that it could be true... and is seeking advice how to cover up the reality of the situation.

            I mean, its an easy allegation to address if not true. But, if true... its a whopper.

            Easiest is to have her parents both swear a simple affidavit stating the exact schedule for which the child has been with them. Start time, duration and when the child departs.

            But, when faced with an affidavit and the nice warning that its an offense to swear a false affidavit... her parents may have abandoned her. Despite parents loving their children... many will NOT lie for their children when they could face serious penalties... even criminal.

            1. The Father has alleged that our son, <Full_Name>, resides for the majority of time with my parents, <Full_names>.

            2. Please find in Tab <X> of the continuing record the affidavit from my mother, Full Name, sworn on date X where she explicitly states in para. <X> - <y>:

            <x>. My daughter's son, FUll Name, born on Date, does not reside at my home located at, address.

            <y> My Grandson has resided over-night with me on the following dates:

            a. Date
            b. Date
            ...

            3. Repeat for Grandfather...

            Comment


            • #7
              I find with a lot of people who are terrified of losing their kids (even with no reason for it happening) they get overly emotional and believe it will happen. I have a family member going through this right now terrified if custody was argued they would lose the kids because their spouse has suddenly decided to step up. I keep reminding them to think rather than feel.

              Comment


              • #8
                Originally posted by Tayken View Post
                When a poster, like this one, is so anxious about specific evidence and has the strong need to respond... Scatters and tries to defend themselves... I often get the sense that there is truth to the allegation...

                Like that she has been having her son live with her parents or that her son is spending a significant amount of over-nights with them.

                My view, its really a nothing burger of an allegation. But, the OP is focused on it. So much so that it could be true... and is seeking advice how to cover up the reality of the situation.

                I mean, its an easy allegation to address if not true. But, if true... its a whopper.

                Easiest is to have her parents both swear a simple affidavit stating the exact schedule for which the child has been with them. Start time, duration and when the child departs.

                But, when faced with an affidavit and the nice warning that its an offense to swear a false affidavit... her parents may have abandoned her. Despite parents loving their children... many will NOT lie for their children when they could face serious penalties... even criminal.

                1. The Father has alleged that our son, <Full_Name>, resides for the majority of time with my parents, <Full_names>.

                2. Please find in Tab <X> of the continuing record the affidavit from my mother, Full Name, sworn on date X where she explicitly states in para. <X> - <y>:

                <x>. My daughter's son, FUll Name, born on Date, does not reside at my home located at, address.

                <y> My Grandson has resided over-night with me on the following dates:

                a. Date
                b. Date
                ...

                3. Repeat for Grandfather...
                Originally posted by Brampton33 View Post
                Agreed. This is not tough allegation to dismay. Yet OP has gibabytes of videos to disprove allegation. If it were a non-issue, OP would just shrug it off.

                Thank you both. Honestly it was the emotional impact of having those claims thrown at me that got me going.

                I have consulted with various lawyers through free sessions and based on the video evidence I shown them, they told me just to refute the claim and when it goes to trial, just throw all of the videos at them and seek costs based on my offer to settle and the fact I had provided them the videos prior to even a CC and they are ignoring them.

                I am honestly no longer worried about this, its more about how to I present the evidence properly.

                Comment


                • #9
                  No one is going to sit through hours of videos and providing screenshots of random times does nothing to prove your case or disprove ex. Until ex provides proof/dates, then you can attack that. Until then an affidavit, properly written, by you and parents would be enough.

                  Comment


                  • #10
                    Originally posted by Tayken View Post
                    When a poster, like this one, is so anxious about specific evidence and has the strong need to respond... Scatters and tries to defend themselves... I often get the sense that there is truth to the allegation...
                    Thanks for the warning.
                    I understand how some personality types are very concerned and overreact to a false accusation because it happened to me. It is hard to be calm about this stuff sometimes.

                    Comment


                    • #11
                      Originally posted by Brampton33 View Post
                      Moreover, its been repeatedly stated that recordings (audio and/or video) of any nature are bad business in family court.
                      But when those recordings completely disprove another party, how can that be bad business? I can understand in the grand scheme of things it may promote questionable behaviour if recordings are involved, but there has to be situations where recordings are beneficial to a case.

                      Comment


                      • #12
                        Originally posted by Brampton33 View Post
                        Agreed 100%. Judges are busy as it is. No judge is going to sit through hours of video where one party says "see what my front porch camera recorded?". Moreover, its been repeatedly stated that recordings (audio and/or video) of any nature are bad business in family court.
                        it's recording audio and video of the other party. The OP is talking about referencing video that shows her son was home. It's different. I'm not saying it's the way to go- but your comment seems off-base.

                        Comment


                        • #13
                          Originally posted by StillPaying View Post
                          No one is going to sit through hours of videos and providing screenshots of random times does nothing to prove your case or disprove ex. Until ex provides proof/dates, then you can attack that. Until then an affidavit, properly written, by you and parents would be enough.
                          This is the plan moving forward.

                          Honesty I get the need to defend myself so greatly because I took the allegations very personal and I have been called a horrible parent by my ex and his lawyer quite a bit previously. I am also not a lawyer and didn’t (and still don’t really) know how the process works. My ex broke out into tears at our last case conference and I felt the judge bought into it personally. So I was worried that I would lose my son.

                          I really appreciate all of the help that has been given!

                          Comment


                          • #14
                            Originally posted by pinkHouses View Post
                            Thanks for the warning.
                            I understand how some personality types are very concerned and overreact to a false accusation because it happened to me. It is hard to be calm about this stuff sometimes.
                            This is not the same situation as you imply with false accusations. This is supposedly way out of left field - like you don't really work, live is the city, are human...

                            I agree with Tayken. This is such a non-issue and OP is so worried about it that it makes it seem true.

                            Comment

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