I recently went to Court to try to relocate with my children to another state. My ex lied to the judge about many things and turned it into a custody battle. I was a Pro Se' litigant and she had a very expensive attorney. In the end my Motion was denied, yet now I can proof that she lied about numerous things. How to I go about informing the Court so I can clear my name and prove that she is not credible? Do I have to file something or can I just send a Stauts Report to the Judge with the evidence?
It is very difficult to reopen a matter and bring additional information before the court which was not addressed in the original hearing. Whether the new information can be presented and whether it could change the outcome will depend on a number of things, including the specifics of the allegedly false statements, the evidence you have, and the reason (if any) that you were unable to present this evidence during the original hearing.
A letter to the judge will not be effective. If you can reopen the issue it will certainly have to be by motion. You should sit down with an experienced attorney and lay out all of the information you have. He or she will be able to give you advice on how to proceed.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Divorce / Separation Lawyer
I agree with Mr.. Harkess that you are faced with an uphill battle. Writing a letter to the Court, or sending a "status report" will not be enough. Whatever you file with the Court it will need to be in the form of a motion. Unfortunately, time considerations will apply to any sort of appeal of the Judge's decision. Beause of this, I suggest you meet with an attorney immediately to go over your options for rectifying the situation. If she truly did lie, and you have proof of her perjury, then it may be basis enough to have the Court grant a new hearing. However, you need to make sure that what you file is in the proper format, and is filed timely, as there are different time restictions regarding different avenues of an appeal.
Kathlyn Bullis, Esq.
Legal disclaimer: Answering this question does not establish an attorney client relationship. This answer is for educational purposes only. You should consult an attorney in your state for your circumstances.