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  1. #1
    Join Date
    Jul 2014
    Location
    Swanzey, New Hampshire, United States
    Posts
    33

    Default False Denial of a Romantic Relationship at a Custody Hearing

    My question involves a child custody case from the State of: NH

    I was granted an ex-parte Temporary Custody Order on September 1st. My ex-wife is a prescription drug addict and I believe she is using again. She had been removed from the apartment of her ex-boyfriend and refused to tell me where she was living with our son. Per our divorce degree (RSA 461-A4 in NH) she needed to keep me informed of where my son was living. She was displaying patterns of prior drug abuse and I felt my son was not in a safe environment.

    In her answer to the ex-parte hearing, she wrote that she was living with a male friend and that there was no romantic involvement. Believe me, the issue is not WHO she is with...but if my son is safe. I really have no interest in her love life.

    During the hearing on 9/23, she admitted that she could not pass a drug test however she had a prescription for the very narcotics she is has been addicted to. Her addicted did lead to criminal theft convictions. Unfortunately, I could not provide enough evidence that my son was in a dangerous situation and the temp order was vacated.

    The day after the order from the judge was made so immediately filed a DVP against this gentleman she was living with claiming that he had strangled her. They were in a romantic relationship.

    I am upset because it seems she clearly lied to the court. On court documentation, she claimed no romantic involvement and said so several times in open court under oath. Isn't this perjury? Again, this is not about what she does in her personal life, but by lying in court she influenced the judges decision and filing a DVP on this gentleman means that my suspicions were correct. My son could have been exposed to violence. Luckily, the DV incident happened while I had temp full custody of my son. It was a good thing I had him.

    So, my question is do you feel that it would be beneficial to file a contempt of court petition for the perjury? The gentleman is willing to give testimony about their relationship. She is under probation for her criminal theft charges as well. Will it be considered "no big deal" by the judge? Also, I realize that there probably isn't enough evidence to suggest she is placing my son in danger but I feel that lying in open court should not be something someone should get away with.

    She really seems to have caught herself with a problem. In order for her to keep the DVP in place, she has to be truthful at that hearing and it will directly contradict what she claimed in my ex-parte hearing.

    I'm looking for your opinion on the perjury aspect of this. Should this be something I bring to the judge or do I just leave it alone and let her get away with being untruthful. Please refrain from implying that I am some sort of "jealous" ex upset about her relationship. This is not the case. I am upset about the perjury.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Denial of a Romantic Relationship at a Custody Hearing

    Obviously, if her ex- plans to testify that he was in a romantic relationship with her, that testimony support the continuation of the protective order issued against him. You apparently got what you wanted in the custody proceeding. The judge probably did not believe what she claimed; it's also not clear why it is relevant to your custody case -- in order to support a perjury charge any false statement must be material (capable of affecting the course or outcome of the proceeding). The odds of a prosecutor caring about a person's allegedly misrepresenting a past romantic relationship during a family court proceeding are scarcely over 0%. So exactly what is is that you hope to accomplish?

  3. #3
    Join Date
    Jul 2014
    Location
    Swanzey, New Hampshire, United States
    Posts
    33

    Default Re: False Denial of a Romantic Relationship at a Custody Hearing

    That is just it....I did not get what I wanted in the ex-parte. It was denied and custody reverted back to the original parenting plan. I was unaware of the DV at the time. The DVP was filed the day after my ex-parte was vacated. My hope is that we can revisit my concerns as her drug use seems to be causing some seriously questionable desisions. While she may have a prescription based on her overall appearance and pattern I know she is abusing.

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