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 ?
Start with FL-300; See also: http://www.courts.ca.gov/documents/fl300info.pdf
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.
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