How does one expose a lack of credibility - by affidavit ?

plainNamedDad44

plainNamedDad44

New member
Hi community,

My stbx has been lying through her teeth and has done so in sworn affidavits and in front of a judge (so I assume its on record.).

If this goes to trial, I would like to be able to point out this consistent lack of credibility.

What is the best way of doing this ? I am thinking of doing the following:

1. filing an affidavit showing what she swore was true and then attaching exhibits showing the contrary.


I have her in about 3 whoppers that she swore were true or stated to a judge.


I have not had my settlement conference yet.


As always thanks.
 
plainNamedDad44 said:
Hi community,

My stbx has been lying through her teeth and has done so in sworn affidavits and in front of a judge (so I assume its on record.).

If this goes to trial, I would like to be able to point out this consistent lack of credibility.

What is the best way of doing this ? I am thinking of doing the following:

1. filing an affidavit showing what she swore was true and then attaching exhibits showing the contrary.


I have her in about 3 whoppers that she swore were true or stated to a judge.


I have not had my settlement conference yet.


As always thanks.
Click to expand...

While perjury is a serious thing, you have to ask yourself how would it impact the trial. If, knowing the truth, the judge would have ruled differently, then it is certainly worth persuing. If it didn't have an impact, it is best to let it go.
 
DowntroddenDad said:
While perjury is a serious thing, you have to ask yourself how would it impact the trial. If, knowing the truth, the judge would have ruled differently, then it is certainly worth persuing. If it didn't have an impact, it is best to let it go.
Click to expand...

It most certainly would impact I believe how a judge would rule, in my opiinion.

I am just looking for the best way to point these lies out to the judge.
 
I think DowntroddenDad, makes a good point. How is this info relevant to the trial, or would a judge think it's at all relevant? You would probably have to provide more info, for a better answer, if you are able to, without revealing too much info.
 
DowntroddenDad said:
While perjury is a serious thing, you have to ask yourself how would it impact the trial. If, knowing the truth, the judge would have ruled differently, then it is certainly worth persuing. If it didn't have an impact, it is best to let it go.
Click to expand...

You missed the part where the OP asked...."how to expose the crdibility of a liar"
 
dad2bandm said:
I think DowntroddenDad, makes a good point. How is this info relevant to the trial, or would a judge think it's at all relevant? You would probably have to provide more info, for a better answer, if you are able to, without revealing too much info.
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very relevant, I think. She has been able to lie to CAS, OCL so far, and now she is carrying these lies into affidavits and statements to judge.

The lies pertain to several things that would affect access and custody rulings i believe.

I just need to know the best way for a judge to see this pattern of behavior.

As always thank you
 
sioux said:
You missed the part where the OP asked...."how to expose the crdibility of a liar"
Click to expand...

Take the emotion out of it. It depends on the situation.

Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.
 
DowntroddenDad said:
Take the emotion out of it. It depends on the situation.

Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.
Click to expand...

Thank you for the response. There is a material impact. What is the best means of getting it before a judge ?
 
sioux said:
You missed the part where the OP asked...."how to expose the crdibility of a liar"
Click to expand...

Questioning is a great way to do this.

You : On your affidavit dated xxxx you stated xxxxx, however you later stated yyyyy on xxxxx. Can you please tell me which is true.

You: You stated xxxx but this document yyyy states this. How can you explain the discrepancy.

They can only give one answer and you can go from there.
 
FB_ said:
Questioning is a great way to do this.

You : On your affidavit dated xxxx you stated xxxxx, however you later stated yyyyy on xxxxx. Can you please tell me which is true.

You: You stated xxxx but this document yyyy states this. How can you explain the discrepancy.

They can only give one answer and you can go from there.
Click to expand...

Thank you. Can questioning occur at a settlement conference or motion ? Or does it have to be during a trial ?
 
plainNamedDad44 said:
How does one expose a lack of credibility - by affidavit ?
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You don't do it by affidavit.

You do it through a process called DISCOVERY. It is easy to counter and create lies on paper. If there are issues with an affidavit either bring a motion forward for pre-trial discovery on the person in question's affidavit. Then ask the countering evidence in-person and have someone transcribe the sworn statements given orally.

When you provide a rebuttal in paper it gives people time to think up a counter lie.

You should be warned... Justices don't balance things on "the truth" and anyone's version of "the truth".

I think I have suggested you read this thread and the FAIL you will experience seeking "the truth" in a civil court:

http://www.ottawadivorce.com/forum/f3/introducing-very-honourable-madame-justice-mossip-13753/

What is sad for the Court is the amount of time, money, energy, and emotional angst, that these parties have engaged in to convince themselves, the other party, the children, their friends, the professionals involved, and now the Court, that their truth is the “real truth”; that their version of events is what actually happened.
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No one will care about minor broken details of irrelevant evidence. 90% of the affidavit you are concerned with is probably irrelevant.

There is no "perfection" in evidence.

Good Luck!
Tayken
 
DowntroddenDad said:
Take the emotion out of it. It depends on the situation.

Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.
Click to expand...

See the bold above OP. Read it again and again and again and again.

Relevance matters.
 
But what happened to the old saying "credibility is everything in court" Tayken?

Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?
 
DontGiveUp said:
But what happened to the old saying "credibility is everything in court" Tayken?

Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?
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If you don't disagree with it how is the judge to know it's not the truth.

They have to prove it's true when YOU challenge it as untrue.
 
DontGiveUp said:
But what happened to the old saying "credibility is everything in court" Tayken?
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Credibility is about YOUR credibility as a litigant not your ability to disprove the other litigant and demonstrate them as not being credible. It is also dependent on the cogency and relevancy of the evidence too.

Crappy and irrelivant evidence itself doesn't need to always be explicitly called out on.

In fact, I find that the most highly conflicted party in a matter is one that tries to constantly attack the credibility of the other party. There is a tell tail sign of this kind of littigant. They can write a long affidavit and there are no attached affidavits. Otherwise known as "hearsay".

You want to look credible... Blanket identify that which is hearsay and not credible evidence and move on. Don't get involved with a he-said-she-said bullsh*t.

THIS IS WHY LAWYERS ARE IMPORTANT AND ARE HELPFUL. They can identify that which is relevant and needs a proper reply and that which doesn't.

DontGiveUp said:
Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?
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No. Not in family law. You are presenting your argument in line to Rule 24 of the Children's Law Reform Act... Which is the "best interests test". That is the test of relevant evidence in family law. If the evidence doesn't apply to the "best interests" test in some way... Why bother responding. Just identify it as hearsay or irrelevant.

Present yourself as a calm, collected, actively involved parent who puts the children's best interests forwards and doesn't go to extremes and you will do better in court.

What do you think of a judge will think if someone gets marred in the details of irrelevant materials? Do they present themselves as a calm, collected and thoughtful person? Or someone seeking vengeance. You have to walk the line in family law... It is hard to do without a a good lawyer helping.

Good Luck!
Tayken
 
plainNamedDad44 said:
Thank you for your input. the matters are very relevant, and I believe would substantively effect a judgement made on the balance of probabilities premise.
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The only really matter that should be challenged are claims regarding Rule 24.(4) "Violence and Abuse". And they should be done in blanket responses and not crazy detailed nonsense responses that take pages.

If something isn't truthful, just say it isn't truthful and move on.

1. Paragraphs x, y, z and zz of the Applicant's affidavit sworn on date, before person Y that is located in Tab 2 of the continuing record are not truthful.

2. Paragraphs .... are hearsay and should not be admitted as evidence.

Good Luck!
Tayken
 
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