Monday, February 8, 2010

Can a false allegation stand in court?

My husband started a hearing for visitation modification.?


We hired an attorney to switch his visitation w/ his children from every other weekend to summer times and school breaks. Well before the court hearing there was a mediation between them. For the first time his ex wife said that I sent his daughter a mean text and she thinks I am emotionally abusive and that she doesnt want me to speak to or see her children any more. I am NOT abusive and she is just slandering me. She asked that his children never visit us in our state but instead spend his only 2 weeks off a year visiting them w/ out me( and w/out my almost born child). My question is can someone accuse another person of emotional abuse and will the courts take an false allegation seriously? Will she be able to dictate when and where my husband sees his children and w/ whom? If this were posssible then bitter ex wifes would have a lot of power. Has anyone heard of a stepmom being legally kept from seeing her stepchildren?Can a false allegation stand in court?
I haven't heard of that one yet, but I have heard a lot of accusations of lying in divorce/child custody proceedings. And, yes, it can stand in court if there's no way to dispute it. People have gone to prison falsely accused of murder.





If the court believes her, then she may very well get her way.





A friend of mine was ordered to stay away from his ex-wife AND children because of abuse. I thought maybe he had a secret side - until a year later his wife withdrew all of the accusations and said she wanted to work on their marriage. She has borderline personality syndrome and also sued her marriage counselor for malpractice. Some people are diabolical, crazy, malicious - unfortunately some of us cross paths with them.





Good luck to you, hon. I hope her allegations are discovered as false.Can a false allegation stand in court?
Family court Judges hear the same stories day after day .. they take notice of facts not wild rant and accusations...





They have heard it all before ..and they are not stupid ...
Im a recent grad from law school. Divorce court etc have actually gotten a lot more fair recently. It is not ';the woman gets half'; etc anymore. All facts presented to the court MUST be proven. You dont have to defend anything that has no factual basis. In fact, if there is no evidence at all, the judge wont even allow it in court. Ex wives has as much power as you. That being said, if there is some sort of proof she can come up with, then you better start sweating. If its just stupid over reaction type of things, then dont worry about it. We are all humans and say stupid things at stupid times, no one is perfect. And btw, ';emotion abuse'; is perhaps the hardest thing I can think of to physically prove to a judge in that court. I mean, there would have to be a TON of documentation from professionals. Sounds like this ex is just full of hallow threats and doesnt know the legal system at all. If I were you and this is the case, pray she says dumb crap like that in court, she will get laughed out of the room. Hopefully she doesnt have a lawyer, cause he/she certainly wouldnt even say anything remotely close to that without proof.
divorce and child custody situations are common just about everywhere in the U.S.





It is a shame but in the majority of the cases involving children the vindictive attitudes of the divorced couple always comes into play with each wanting everyone to believe that the entire blame for the destruction of the family is that of the other person.





During the child's time with the father he will try to convince the child that the mother is to blame. By the same token when the children are with the mother she will work the situation by pointing the finger of blame at the father.





Children who love both parents are caught between a rock and a hard place while the parents play the blame game.





The courts are well aware of the situation and do try to take this into consideration when making their custodial decisions.

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