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  1. #11
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: How to Prove That a Parent Lied About Her Substance Abuse History

    Quote Quoting Seatboy
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    I’m not attempting to tell a judge what to do. But for the last 3 1/2 years she has denied the existence of this report and has lied to the judge at least five times about the report. The report stemmed from a child neglect charge. I’m trying to find case law About individuals lying to a judge in child custody
    If he knows that she lied about her counseling and report, then why do you need to inform him about any case law or anything else? He's well aware of the situation so let him decide what to do.

    Quote Quoting Guybrush
    View Post
    Wellllll there are laws about perjury - and contempt. Also the percentage of lies in courts cases is about 101.3%. You have stated you finally received the report so you have the proof of her substance abuses and subsequent attempt at treatment. So it sounds to me like you wish to continue to have her punished, whether or not this is just, tell me how that helps your 11 year old? You are correct, the child has suffered and may continue to do so. It is not clear if the child is still being harmed or who has custody or what. You have the responsibility to do the best you can for the child, which has nothing to do with how much you want mom to be punished.
    Really? How did you come to that number?

  2. #12
    Join Date
    Oct 2006
    Posts
    15,718

    Default Re: Lies to the Court

    Quote Quoting Seatboy
    View Post
    The judge is aware of what has occurred, there is an upcoming hearing and I feel she should be charged with something. She was on ARD for stealing guns and conspiracy when this occurred. I need some case law that will provide the judge with a basis to charge and prosecute her.
    Family court is a civil court, it is not a criminal court.
    Only a prosecutor for criminal court can charge someone with a crime.
    Only a criminal court judge can convict someone of a criminal charge.

    That is why criminal perjury charge would almost never happen as a result of a family law case. Now, a family law judge can hold someone in contempt, or fine them, but they can never charge them.

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