Can a false allegation stand in court?

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?
In male/female and custody cases the rule is to accuse you of all the heinous crimes against females and children as possible. At some point in the fight to defend yourself and move forward you will either run out of money for your attorney bills, accept a plea bargain or go through some ritualistic hurdles that attorneys will make up as you go along your merry way through the court system and get milked for all the money you are worth. It is very rare for a judge to do anything other than manage the case in favor of a female. Especially a mother, it is not fair but it is what is most expedient and garners the most court time and money for both the attorneys, the entourage of professional welfare recipients that live very large on the taxpayers and private welfare dime. I would simply advise that you just follow the motions and object very strongly to anything they, not just her accuses you of. Make sure you make all your objections in writing to attorneys. Attorneys make a fortune writing accusations and letters to each other on behalf of their zealous and protected clients. If possible place and file a copy of all correspondence in the court record. Millions of cases do not reflect anything like the legal shenanigans that attorneys produce as billing time. That is why they still recieve federal funds and taxpayer dollars for doing what they do. Take heart you are not alone, not the first nor the last, it happens everyday and has been this way for thirty years or more. Welcome to becoming part of the great involuntary socialist system run by congress.





US c42, 666Can a false allegation stand in court?
Yes, the court will take it seriously. It happens all the time. The same with false accusations of domestic violence and child abuse. Bitter ex-wives do have a lot of power and many of them are not afraid to use it because in most courts they don't need to prove anything, just make the accusation. Thank the feminist activists who claim that women never lie about this stuff.
False allegations are rampant in custody/divorce cases. Be aware of your local laws, and be ready to prove yourself innocent..... Get a backlog of your text messages ASAP to prove this did not happen. Know your rights and learn as much as you can about Parental Alienation......
make her prove it under oath at the court hearing.Yes it can happen.I have known cases where the father failed to act and the mother was able to disregard court orders and keep him from seeing the children. and get away with it but only because the court was lax in enforcing their orders
There is a huge degree of misogyny in the family court system. The Mother's lies will always carry far more weight than ANY truth, be it the Father's truth, Your truth, or even the Child's truth. The only thing you can do is try to smile and take it, and keep fighting.
You seem to be asking if the court will believe the mom. I don't know. The court will consider all the evidence, including your testimony if it is offered, and any text messages.


Court have imposed all sorts of limits on visitation where the evidence justifies it.
She has to prove it to the Judge, UNLESS your husband agrees with it.
You asked: ';...My question is can someone accuse another person of emotional abuse...'; People can accuse other people of all kinds of things. In this case, her accusations may be believed, or they may not.





You asked: ';... and will the courts take an false allegation seriously?...'; Only if the courts believe her.





You asked: ';...Will she be able to dictate when and where my husband sees his children and w/ whom?...'; Well, she can make suggestions to the court, just the same way you can, but the court will make the final decision.





You asked: ';...Has anyone heard of a stepmom being legally kept from seeing her stepchildren?...'; Courts rarely issue restraining orders keeping parent figures from visiting with their children, but they usually do spell out the terms under which those visits can occur.





- Stuart
In my opinion and from my personal experience, and the many experiences of others (as you are now personally discovering), false allegations made by mothers in family court are gospel. I wished I had better news. The great thing about emotional abuse for the opposition is the difficulty in disproving it. Physical abuse leaves bruises, scratches, or cuts. Sexual abuse leaves pubic hairs, semen, or the like. Emotional abuse leaves no physical evidence and is defined by therapists and psychologists who seem to be more interested in insuring income for themselves than conflict resolution for the family. After losing tens of thousands of dollars to attorneys with nothing but losses I took on my own case to save money I no longer had. My reward, and others like me, was to be stuck with my ex's attorney's fees. My opinion is that it is nearly impossible to save yourself and your children from these real life horror shows and instead the only logical forward movement is to become a lobbyist for future fathers and children. It will hurt to read but I recommend reading Stephen Baskerville's book, ';Taken Into Custody: The War Against Fathers, Children, and Marriage';. Join a father's rights group and employ your friends and family to help effect change in the family courts so you can help others in the future. Again, I wish I had better news and very much feel you and your children's severe pain. The only gauge that will make sense is your ability to look yourself in the mirror as to whether and how much you fight.
My experience was that the only thing that was false in court was what the judge wanted to be. My wife lied in all but one of about 25 items that were filed with the court. Did the judge care? Nope. I had documents to prove my side against her statements. Did it matter? Nope.





I, like you, felt that these false statements would not stand in court. I no longer believe as I did.





I also found that the lawyers were pretty much worthless. They did what ever the judge wanted. Hey, they have to get in front of the judge for their next case and don't want to rock the boat.





How do I know this? My wife was in contempt of the courts orders. We went to court to address this and the judge and the lawyers went out of the room and made a ruling that my wife was not in contempt and they also decided that I needed to pay another 400.00 per month in child support! No hearing! She was found innocent when it was clear she was not by the courts own orders and the documented facts in the case. I was just shocked and appalled by this but it didn't matter.





I did just as well without the lawyers.





I now know way to much about family law in the state of Kansas.





Like an earlier post mentioned, we need to gather together and fight the injustices in the system. Get prejudiced judges out of the courts and petition the congress to pass laws that make the system more equitable!
False allegations are very common and frequently successfully used by the mother (sometimes dad) to get something she wants in court, especially to get rid of dad and just collect child support.





Your attorney or her attorney needs to give you a copy of the email this woman says was emotionally abusive. Make 2 copies of all the emails between you and this mother, you and your husband's daughter, dad %26amp; mom, etc.





You didn't say what state you are in. It would be good to download, or go to your library if necessary, the state statutes covering this custody case. Learn them and keep up to date on changes.





Check your state for a father's group. Wisconsin has wfcfchat@yahoogroups.com where people come to discuss and share their experiences in family court, to seek advice, etc. This is Wisconsin Fathers for Children and Families, which is for dads, their family and friends. It's a great resource and a great support group.





Keep in touch.