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

Asked over 1 year 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

    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

    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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