Can I sue my mother for defamation for writing lies in a declaration for family court?

Asked 11 months ago - Santa Clara, CA

My mother was abusive when I was a child and she has embellished or made up lies and submitted them to the court via a declaration and in emails to my soon-to-be ex's lawyer in hopes that my husband will get custody of my 2 young daughters (she fears I won't let her see them if I get custody).

Attorney answers (4)

  1. John Noah Kitta

    Contributor Level 19

    8

    Lawyers agree

    Answered . No. Whatever is contained in a declaration submitted for court is absolutely privileged and is not a basis for a lawsuit.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
  2. Mariam Mary Margaryan

    Contributor Level 15

    7

    Lawyers agree

    Answered . Generally statements made in a judicial proceeding that have a relationship to the proceeding are absolutely privileged. That privilege extends to non-parties such your mother. You should consult with a family law attorney who can assist you in preparing declarations and other evidence opposing the statements contained in your mother's declaration. Good luck.

  3. George Costas Andriotis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you have proof that she is lying under oath she may get reprimanded. Otherwise this does not qualify as defamation.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, if she is writing a document to the Court, she may not be sued for Defamation. However, she may be impeached with evidence to the contrary. Let's say you have a police report regarding her abusive behavior, you may be allowed to introduce into evidence that document to impeach her. Otherwise, it is he said-she said. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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