Perjury In A Custody Matter

I live in Virginia and recently I just had a visitation hearing for my 5 year old son. My son's father has moved to another state and was fighting for visitation for the whole summer every summer. One of the reasons why I was fighting this was because of the heavy drug use by his father and his family. One by one at that court hearing, they all stood up in court, under oath and lied about there being any drug use ever. I asked the question have you ever witnessed anyone using illegal drugs to include marijuana, and they said no. Then I asked have you ever used any illegal drugs to include marijuana and they said no. Under oath. Now I have pictures showing these family members using illegal drugs and I wanted to know if there is something I can do to either sue them or something because this was one of the reasons why I did lose this court case. We were in a court of no record so I don't know what I can do. I was going to check here before I contacted a lawyer. Thanks!

:wallbang:

"We were in a court of no record" - what is that? Is it a legal term specific to Virginia?

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Quoting 525601minutes

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"We were in a court of no record" - what is that? Is it a legal term specific to Virginia?

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Yeah...I was confused by that as well. I think it was a typo...I have seen many threads for VA. and never ran across that term.

OP: You don't have a case. You were not properly prepared for court. The pics don't prove that they were using drugs. The white stuff could have been baking soda...The joints could have been hand rolled cigarettes...

Proof of drug use is criminal convictions.

Sorry about that. In our County our Domestic Relations court is considered a court of no record, meaning there are no transcripts kept of the proceedings. If you have a problem with a decision, then you can appeal it to the circuit court and you have a whole new trial. I am more concerned about what my options are as far as getting these people to not be witnesses. If I have photos showing that you have a large rolled up cigarette in your mouth with thick smoke, then you rolling up the paper with green stuff in it, then holding up a bag of green stuff and pictures of your house with marijuana plants in it, plus my testimony that you have done drugs in my presence, how is there no case? There have been drug convictions just not in the last 2 years. For you to say under oath, you have "never used any illegal drugs" and have it be harmful in a custody case where that was an issue, is ridiculous to me that nothing can be done. I am checking with a lawyer about the appeal because obviously this is something that I need a little more professional help with than I originally thought, but I will ask that too when I see them, because without that testimony I would have not had to file an appeal or hired a lawyer which is not cheap. Thanks for the feedback though!
:wallbang:

Have you checked your state laws to see how often you can file for a modification of custody? Sorry I am asking questions instead of answering - just trying to learn a little more about the legal system.

Without LEGAL PROOF of recent drug use you are not going to stop Dad from having visitation. Pic's are not proof. Pic's can be altered. His drug history MAY allow you to request drug testing. Not a guarantee but you have a good shot. Assure the Judge you would be more than willing to also undergo drug testing.

Remember when you are pro se you must be as prepared for court as an attorney is. You may not be able to appeal due to your ineffective counsel. But a consult with a GOOD Family Law attorney is always recommended.

No problem, Virginia law allows you to file for a change if a change in circumstances occurs. In the county I'm in, since again, our domestic relations court is considered a court of no record, appeals are accepted within 15 days of the original proceedings, regardless of reason. You get a brand new trial. My sons father did that the first time when we originally went for custody and he wasn't happy that I got full custody. The circuit court made the same decision in that case (me with full custody) . This time we had a different judge who was newer and it was very obvious she had made up her mind because of the family that he had present (all who lied on stand) In our county you normally keep the same judge for the whole of the childs involvement with the court system, but our judge retired so we got this one who was very biased. I mean how do you listen to testimony that a father has transported his child without seat belts or car seats(which is illegal) not paid child support in over 8 months (4000 in arrears, court ordered) and a history of drug abuse (to include his family who lives with him) and then say oh well I give this 5 year old to dad for the summer? IT was all very frustrating and you are right, had I had an attorney this probably would not have happened. I did actually talk to several people including one attorney who all agreed that I probably had it in the bag and didn't need one. But I didn't expect a judge to ignore obvious dangers because grandma got on the stand crying how much she loves her grandson and misses him. ANd I didn't expect 4 people to get up under oath and flat out lie. I won't make that mistake this time. Thanks!

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Quoting celiaf

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Now I have pictures showing these family members using illegal drugs...

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Did you have possesion of the pictures before the hearing?
If so, did you attempt to introduce them as evidence and rebuttal to testimony during the hearing?
If you did, what did the Judge say about them?

Somewhat off the subject, but I live in Colorado and during custody hearings, my ex and her lawyer lied regularly and often about all sorts of things, e.g., financial information. Even when I presented proof to the court, there was never one single consequence for her perjury. I was told that the standards are lower in family courts because lying is so common there. It really disillusioned me because I was always honest and straightforward. As they say, no good deed goes unpunished.

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Quoting Xena

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Did you have possesion of the pictures before the hearing?
If so, did you attempt to introduce them as evidence and rebuttal to testimony during the hearing?
If you did, what did the Judge say about them?

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I told the judge that I had pictures of that, however I didn't bring them with me because I wasn't under the impression that I would need them, again my mistake. This judge was ridiculous, again she was a new judge, she ran her courtroom like it was Jerry Springer, there was conversation going on, there were tears and accusations, she even instructed one of the witnesses to tell my sons father to request that pictures his witness had brought as evidence in order for the judge to look at them. It was ridiculous.