Posts Tagged ‘evidence’
Why is evidence so important?
The outcome of your court case will depend significantly on the evidence you provide to the court. This is true in every family court case, but it is especially true in cases involving abuse, because the impact of abuse is still misunderstood by many in the family law system. Whether you are preparing your own…
Read moreTips on completing a parenting plan
A parenting plan is a written document setting out the details of how your children will be raised and how parenting and decision-making will work after you and your partner separate. A clear and detailed parenting plan will minimize your former partner’s ability to find loopholes to exploit in order to exercise power and…
Read moreHow do I present evidence?
Most of your evidence will be in the form of written affidavits. Present evidence in a way that helps the judge see the full picture of your family’s situation.
Read moreRecent case: Admissibility of hearsay evidence
Chrisjohn v Hillier 2021 ONSC 1666: In this case, the father brought an urgent motion to have the child returned to him. The mother had withheld the three-year-old child, alleging that the father’s substance use posed a risk. Much of the evidence presented by the mother was hearsay, and Justice Mitrow took the opportunity to…
Read moreAnother pandemic/school case: Importance of evidence
A.B. v L.J. 2020 ONSC 5248: In this case, the parents have joint custody of their two young children. The children are primarily resident with the mother, who has final decision-making authority. The mother and children had been living in Port Perry and the father in Burlington, where the children spent time with him on alternate…
Read moreCollecting evidence of woman abuse for family law cases: Our latest webinar
Evidence about family violence can be challenging to find: often, there are few witnesses, and many women don’t report the abuse to anyone. This webinar provides practical suggestions for how women can collect evidence of the abuse to which they have been subjected as well as tips for frontline workers who are assisting women with…
Read moreHow can I prove to the family court that I was abused in the relationship?
Track the abuse throughout your relationship by thinking about what went on at key points. Write this down; point form is fine. Take some time to organize this information before any meeting where you may have to talk about it; for instance, before you meet with duty counsel or a mediator or before your first…
Read moreWhat is an ex parte motion?
In situations of extreme urgency, a woman may be able to bring an ex parte motion. In this process, her partner is not served with the documents and the judge makes a decision the same day as the woman files her Notice of Motion, Affidavit and other documents (for example, a Form 13 Financial Statement…
Read morePart 2: How can I help a woman disclose abuse?
In Part 1 of this FAQ, I explored some of the reasons why many women find it hard to talk about their experiences of abuse as well as why they need to share this information. This week, I’ll provide tips for supporting women so they can disclose abuse. Your job to help a woman open…
Read moreWhat is the role of violence (including separation violence) in custody and access cases in Ontario?
The presence of violence in the family is an important consideration in custody and access cases. It is, as we discuss below, one of the factors in the best interests of the child test. However, this does not mean that all judges understand how important this issue is or that all lawyers know how to…
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