I have primary physical custody of my 2 yr old daughter. Mother has taking me back to court with false allegations of abuse by me, these claims has been DIS-PROVEN by DCFS. Mother knew she was telling lies when it was done and I am well aware of family law code 3027.1 . My question is what documents do I file with the courts to ask the Judge to sanction her under family law code 3027.1 ? Do I file an OSC; and if so what other documents along with it ?
Divorce / Separation Lawyer
Start with FL-300; See also: http://www.courts.ca.gov/documents/fl300info.pdf
Civil Rights Attorney
DCFS can sustain allegations or close the file as "unfounded". They don't typically "disprove" allegations or establish innocence. Due to a higher standard of proof facing the government in juvenile dependency court , cases may be unfounded by DCFS then founded in family court. You should focus on defending the action , certainly request sanctions and attorney fees. Sanctions are by noticed motion.
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
Family Law Attorney
It is sometimes possible to have the court determine that the allegations were factualy untrue. Check with a juvenile dependency attorney to help you with the process.