THE AFFIDAVIT
By: Pamela Cross, LLB
Springtide Resources Legal Fact Sheet
The affidavit is a very important document in the family court cases. This is a prototype of what could be contained in the main part of an affidavit that allows a woman to present the evidence to support her application for custody of her children.
Frank has always needed to have alot of control over me and what I do. He likes to know everything I do in the day, where I have gone, who I have seen. Before the kids were born, when I was working, he convinced me we only needed one car. He then drove me to work and picked me up everyday. I could not see my family or friends unless he came with me or gave me permission to use the car.
When I was pregnant with Jessica, our second child, he developed an explosive temper and would yell at me and throw things around, even breaking some things, over very small disagreements. Sometimes this happened in front of our first child, Lucy, who would become very upset.
Last year, he became very angry one day because I took the girls to my mother`s for the day and we were not back when he got home from work. After yelling at me while I was trying to get the children out of their car seats, he grabbed me by the shoulders and shook me really hard. I was holding the baby, who was 9 months old at the time. She was not hurt physically, but she was very upset and screamed for a long time before I could settle her down. I had bruises on my shoulders the next day. He was very apologetic and said it would never happen again. However, on Jessica`s birthday a few weeks later, he hit me very hard across the face after the party ended, saying I had spent too much time laiughing and talking with my friends and not enough time with him.
The girls were both in the room when this happened. I picked up the baby and took Lucy by the hand and ran out of the house. I went to our neighbour, who gave us a ride to the shelter.
This Fact Sheet contains general legal information only. It is not a legal document, nor is it a replacement for legal advice. Anyone in a situation involving family, immigration or refugee law is strongly urged to meet with a lawyer to understand fully their rights and responsibilities, the legal options available to them and appropriate legal processes. A lawyer can interpret the law and provide advice based on the personal facts and information in the specific case.
For information about finding a lawyer in your community, contact Legal Aid Ontario at 1 800 668 8258 or 417 979 1446.
You can also visit Legal Aid Ontario online at www.legalaid.on.ca/en/locate/default.asp
Type/Format of Resource: Article
Category/Topic of interest: Woman Abuse; Emotional Abuse; Physical Abuse; Sexual Abuse; Psychological Abuse; Financial Abuse; Same Sex Abuse; Older women abuse; Aboriginal Woman and Abuse; Immigrant/Refugee Woman and Abuse; Rural/Urban Woman Abuse; Child Abuse; Custody and Access; Communities, Cultures and Abuse; Men and Abuse; Family Violence; Legal Issues for women fleeing violence
Population Group: Friends & Family; Victims / Survivors; Health Care Service Providers; Social Service Providers; Legal Service Providers; Immigrant/Refugee Women; Women with Disabilities/Deaf Women; Others; Aboriginal Women; Pregnant Women
Year of Publication: 2008
Associated Document:
Affidavit Fact Sheet
(Acrobat PDF file)
Relates to Current Project: Understanding Family & Immigration Law through E-Learning
