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  1. #1
    Join Date
    Apr 2019
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    3

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

    My question involves child abuse or neglect in the State of: Pennsylvania
    3.5 years ago My ex was charged with child neglect by CYS. She was required to meet with a counselor and follow his recommendations at the time, she met with him and he determined she was a drunk and recommended 3 hours/ day out patient treatment. she hid this from the court, she denied having met with him, denied the existence of a report, then went to another substance abuse counselor to gain a better report. She shared this report. since the initial report she denied having we have met with a multitude of co parenting counselor, intervention counselors, guardians, and recently we were able to obtain the report legally as she was compelled to release the document by signing a HIPPA release. I feel I have been violated, she lied to the court, her attorney and her obstructed justice and all the meeting we had did not have the fact that she was suppose to be in counseling. I have spent $30,000 in lawyer fees, my reputation was damaged, because with willful intent she lied to the court and withheld information.
    All this time a 7 now 11 year old little girl was trapped in the middle....this is one major lie, there are 100 others


    Can someone cite case law when a party, lies to a judge, and gets caught, withholding information that was t be releaseed...really need your help to search for something that will stop the lies in court.

  2. #2
    Join Date
    Oct 2016
    Posts
    2,872

    Default Re: Lies to the Court

    You aren't going to find many if any legal citations dealing with family court as they aren't published.

    And you haven't actually told us how the court has ruled in your case or if the court has ruled at all.

  3. #3
    Join Date
    Apr 2019
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    3

    Default Re: Lies to the Court

    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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,895

    Default Re: Lies to the Court

    A really, really good way to get the judge mad at you is to assume he doesn't know the law and you have to teach it to him.

  5. #5
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    Oct 2016
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    2,872

    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.

    I believe you implied you have a lawyer. Let him/her do their job. As CBG said you are on a track to really Pi$$ of the judge. He is well aware of any laws there are that might have been broken.

  6. #6
    Join Date
    Oct 2014
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    7,204

    Default Re: Lies to the Court

    Quote Quoting Seatboy
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    The judge is aware of what has occurred, there is an upcoming hearing and I feel she should be charged with something.
    The reality is that she is unlikely to be charged with a crime out of this, though you are free to report what she did to the prosecutor (after clearing it with your lawyer first, of course) and see if the prosecutor will do anything. It is unfortunately not all that common in bitter divorce, child support, and custody matters for one or both parties to lie or withhold information. But proving that she intentionally lied beyond a reasonable doubt to win a criminal conviction is difficult and not often done.

    Instead, it largely is up to you to ferret that out the lies and use them against her in your case. You are far more likely to have success in using the lies you can prove to attack her credibility in upcoming hearings and thus improve your chances of having it come out your way and perhaps getting sanctions imposed upon her by the family court judge, which might include getting back of the attorney's fees you've spent on this. Ask your lawyer what might be done with a motion for sanctions.

  7. #7
    Join Date
    Mar 2016
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    2,286

    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.
    Just because you "feel" she should be charged with something doesn't mean there's anything to charge her with. I feel like my ex husband should just be locked away forever but he hasn't committed a crime that will result in that sentence.

    I don't think many judges would like people telling them how to do their job.

  8. #8
    Join Date
    Apr 2019
    Posts
    3

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

    Iím 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. Iím trying to find case law About individuals lying to a judge in child custody

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,895

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

    Why do you think that the judge will need to tell him about any existing case law? Why do you think that he won't already know it?

  10. #10
    Join Date
    May 2014
    Posts
    188

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

    Quote Quoting Seatboy
    View Post
    I’m trying to find case law About individuals lying to a judge in child custody
    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.

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