Ontario Court Warning on Using Text Messages as Evidence | Family Lawyers
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- เผยแพร่เมื่อ 13 ต.ค. 2024
- #OntarioCourt #divorce #lawyer
Ontario Court Warning on Using Text Messages as Evidence | Family Lawyers
On Hearsay and Text Messages
The warning by the Ontario court in a recent case was straightforward: Family litigants need to be wary when including text messages and emails in their affidavit evidence.
In Chrisjohn v. Hillier the parents were in a custody battle over a their 3-year-old child. The father, who was the primary residential parent, brought an urgent motion to have the child returned to him. The mother had been withholding the child from him, even though she was only entitled to restricted access under a prior court order. She accused the father of having a substance abuse problem, and justified keeping the child because - based on her observations at a recent access exchange - she had concluded he was drunk or at least had been drinking when he took over the child.
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00:15
'On Hearsay and Text Messages'
00:18
The warning by an Ontario court in a recent case was straightforward:
00:24
Family litigants need to be wary when including text messages
00:28
and emails in their affidavit evidence.
00:32
In a recent case of Hillier, the parents were
00:35
in a custody battle over their 3-year-old child.
00:39
The father, who was the primary residential parent,
00:43
brought an urgent motion to have the child return to him.
00:48
The mother had been withholding the child from him,
00:53
even though she was only entitled to restricted access under a prior court order.
01:01
She accused the father of having a substance abuse problem,
01:05
and justified keeping the child
01:08
because - based on her observations at a recent access exchange -
01:12
she concluded he was drunk or at least had been drinking when he took the child.
01:19
The father denied this, and in his affidavit materials filed on the motion
01:24
swore that he had not been drinking that day.
01:28
His own mother - with whom he lives - also attested to the same.
01:36
According to the mother's affidavit, she called the police that night,
01:40
and they had apparently confirmed "it was clear"
01:43
that he was "intoxicated" after attending at his home.
01:48
Problems with these assertions that under Canadian law of evidence,
01:53
this was actually "hearsay" evidence.
01:56
With narrow exceptions, the mother's affidavit evidence
02:01
should have stuck to what she actually knew, saw, or understood that day -
02:08
not her view of what the police thought or said.
Awesome!
Informative and important to know. I wish you make videos about relocation and if one parent is nit seeing his kids.
Hi Bahaa, We have covered cases involving relocation and parenting time. Here is one example: th-cam.com/video/zAJ3HhQhqzE/w-d-xo.html
Ontario Court Warning on Using Text Messages as Evidence | Family Lawyers
Great video, you forgot the mic
@@MiguelOjedaJr Thanks for the feedback. Better audio quality coming soon!
This doesn't apply to my situation. I have to take my child's mother back to court for decision making responsibility after 7 years of "week on/week off". Because she is no longer fit to care for our daughter who is 9 any longer for numerous reason, including skipping out on court ordered child support and not providing our child with a stable environment or even her own bedroom. She is 9 and needs her own space.
Where she has all this at my place. Her mother is doing damage to our daughters well being state of mind like no discipline, not being fed, or bathed, or teeth brushed etc etc, I have a massive list as her father it's been my job to document all I have noticed and heard from my 9 year old who comes to me concerned.
We're sorry to hear this. Please reach out to us if you are seeking assistance from a family lawyer in Ontario. www.russellalexander.com/contact/
Not to rain on your parade, I thought your video was informative, but gov't/courts need to stay out of private family matters entirely, custody included. Family Courts profit from children through the Title IV system, by forcing one parent or the other (generally the wealthier parent) to pay extortion funds to see their own kids. This happens because the States collect $0.66 on the dollar for every dollar they collect in the child support system. This incentivizes pay-per-child extortion. That is what the family court system is grounded upon...they couldn't care less about anyone's family otherwise. Pillage and extort anyone who enters the family court system...that is their mantra. Family courts would not exist if there weren't substantial profit from those who are unfortunate enough to end up in it. Family Courts also have by far the highest degree of ineptitude of any other Court system...the judges are often failed lawyers, and most the judges and lawyers in the system are completely ignorant of the law. In cases of child abuse, that should be treated as a crime like assault...criminal courts should pick up those matters, where at least the Defendant has some shred of Constitutional rights and privileges. The sooner family courts are dissolved, the better off American society will be as a whole.
Hi Chris, I appreciate your perspective on the role of government and courts in family matters. While it's essential to have discussions about how the family court system operates, it's worth noting that the family court's purpose is to ensure the well-being and best interests of children in challenging situations. The debate over the family court system's effectiveness and its impact on society is ongoing, with various viewpoints. Ultimately, the system's improvement is essential to better serve families and children. Thank you for sharing your thoughts on this complex issue!
@@FamilyLLB It needs a complete overhaul. The solution to the problem is simple...take the money out of the system, entirely.