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Lied to DYFS court 3 yrs ago as was under duress and pressure. Want to correct the mistake by letting court know I lied

New Brunswick, NJ |

3 yrs ago, upon minor altercation & instigation by parents, I filed false DV, child abuse against my husband. I realized my mistake & withdrew DV. Wanted to recant in child abuse also but DYFS threatened they will take child away from me also. Child was 1 yr old, no physical evidence, it was only my stmt in court that led judge to believe abuse happened. I won physical-legal custody of child.
Husband voluntarily stopped visits 3 years ago. Since then, I’m deeply repenting my lies told to court. I admit my mistake of letting parents, DYFS influence my decisions
Now I have courage to accept, admit I lied in court. So

How can I go to court saying I lied under duress of parents, DYFS
Will court believe me
Will I go to jail for perjury
Will my child be taken away as I had filed false complain

Court Order reads as follows: - The litigation is terminated because the child has returned home to the legal custody of the mother. - The child custody arrangement was reached by consent of all parties and at this time, father is not interested in custody or visitation. Visitation for father will have to be done by application to the court and after a psychological evaluation and compliance with any reasonable and necessary recommendations for treatment that would have the requirement under this case. The court upon an application by the father for custody/visitation should consider parenting classes, anger management, and therapy/counseling for the father a conditions to a grant of visitation or custody. - These services would have been ordered in the CPS litigation but for the fact that litigation was dismissed by consent of all parties and the father waving his rights to custody or visitation.

Attorney Answers 4

Posted

If you actually lied and you want to correct it, that is admirable, HOWEVER if you were my client I would advise against it because you are subject to ALL of the negative outcomes listed by you in the your question. Almost for sure your child will be taken and you will have to deal with that through CPS (you should be able to remain custody because you are actually doing the right thing). Jail is almost a certainty. Perjury is a VERY BIG DEAL and so any attorney would have to advise that jail for such a case is probable for sure. Getting the court to believe you is a question mark. You would have to go through an attorney and have him/her contact the different agencies and court in order to get the ball started.
Good Luck

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Asker

Posted

Thank you Patrick. I understand the negative consequences of going back to the court but every single day, my conscious tells me I did very wrong to the child by taking the father away from his life and I want to somehow fix that. Yes I made a mistake but as said, it was under duress and not voluntary. Wont the court understand that? Also I was a new immigrant in this country - had just been here 2 months so didnt knew all rules etc. In my native country, if you go and complain to police, they just give you a warning and the matter gets over. I thought the same would be here but things kept getting worse and worse and as said, CPS/DYFS pressurized me that if I recant, they will take child away from me. So cant the court see how I was under duress and appreciate that despite knowing that I might get jail for perjury, why I am coming back after 3 years - just to make sure proper justice is done and the child gets both father and mother??

Patrick Owen Earl

Patrick Owen Earl

Posted

Most or all of the things that you have indicated here are mitigating factors in your case. Your attorney will use them to try and lessen the problems that you will be facing. I understand the notion of redemption. I am a follower of Jesus Christ and I believe in repentance. I am a member of the LDS church and served a mission to Puerto Rico a number of years ago where I taught people of my faith and got them to understand the Plan of Salvation that our Heavenly Father has in store for us here on this earth. Good Luck to you.

Yolanda Navarrete

Yolanda Navarrete

Posted

Patrick, that's awesome.

Yolanda Navarrete

Yolanda Navarrete

Posted

Patrick, that's awesome.

Patrick Owen Earl

Patrick Owen Earl

Posted

Thanks! Have a great Holiday Season and Happy Thanksgiving!

Posted

You sound very noble at this point, but disclosing your lies will risk criminal charges and further family court actions. Perhaps there is another way for you to come to terms with your past behavior.

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Asker

Posted

Thank you Eric. I understand the negative consequences of going back to the court but my conscious keeps telling me I did very wrong to the child by taking the father away from his life and I want to somehow fix that. Yes I made a mistake but as said, it was under duress. Wont the court understand that? Also I was a new immigrant in this country- had just been here 2 months so didnt knew all rules etc. In my native country, if you go and complain to police, they just give you a warning and the matter gets over. I thought the same would be here but things kept getting worse and worse and as said, CPS/DYFS pressurized me that if I recant, they will take child away from me. So cant the court see how I was under duress??

Posted

You say your husband voluntarily stopped visits. Did DYFS close the case? If there isn't a court order prohibiting your husband visiting with the child, perhaps you can call him and offer that he slowly resume. If there aren't any issues the court will not get involved.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Asker

Posted

Thank you Yolanda. Please see the additional information in my original post where I have added the court order. So yes, the case was dismissed as father voluntarily gave up visitations. He believed the DYFS supervised visit environment wont be good for childs psychological growth. As said, I didnt want to proceed ahead with my false complaint but I was advised not to mess with CPS as they will somehow show both father and mother are incapable and may take child away. But my inner voice has been hurting me that I did injustice, both to my child and my husband by lying to court and I want to correct it rather than carrying that guilt all my life. Also note, father received 3 yrs probabtion in the criminal court for this same offense, which made him do psychological and drug evals but he came out clean in first sitting itself. And his probabtion ended successfully 8 months ago. So do you see any hope in me going and telling court to please accept my recantation as it was in duress?

Yolanda Navarrete

Yolanda Navarrete

Posted

If the case was dismissed, you can enter into an agreement with him without involving the court. There is nothing before the court at this time. Investigations are clean. You don't have to recant unless he wants you to clear his name but if its just in family court and not criminal, he will not have a record anyway. Call him and ask for forgiveness and offer him the chance to renew his relationship with the children, perhaps with psychologist's assistance. This is a gift you can give your children and yourself. I commend you for your courage. Please let me know how it goes.

Yolanda Navarrete

Yolanda Navarrete

Posted

If the case was dismissed, you can enter into an agreement with him without involving the court. There is nothing before the court at this time. Investigations are clean. You don't have to recant unless he wants you to clear his name but if its just in family court and not criminal, he will not have a record anyway. Call him and ask for forgiveness and offer him the chance to renew his relationship with the children, perhaps with psychologist's assistance. This is a gift you can give your children and yourself. I commend you for your courage. Please let me know how it goes.

Yolanda Navarrete

Yolanda Navarrete

Posted

If the case was dismissed, you can enter into an agreement with him without involving the court. There is nothing before the court at this time. Investigations are clean. You don't have to recant unless he wants you to clear his name but if its just in family court and not criminal, he will not have a record anyway. Call him and ask for forgiveness and offer him the chance to renew his relationship with the children, perhaps with psychologist's assistance. This is a gift you can give your children and yourself. I commend you for your courage. Please let me know how it goes.

Asker

Posted

Thank you Yolanda but am a bit confused. How can I enter into an agreement with him without involving the court? In the additional information in my original post, the court order says - Visitation for father will have to be done by application to the court and after a psychological evaluation and compliance with any reasonable and necessary recommendations for treatment that would have the requirement under this case. The court upon an application by the father for custody/visitation should consider parenting classes, anger management, and therapy/counseling for the father a conditions to a grant of visitation or custody. My goal is go back and live with him along with the child so that child gets love of both the parents and I can also repent my mistake? Can I do that now without involving the court?

Yolanda Navarrete

Yolanda Navarrete

Posted

I did not see that court order you just mentioned. This is a bit complicated to give advise here without reviewing everything and meeting in person.

Posted

Retain an attorney who specializes in criminal and DYFS cases. You may also need a psychological evaluation to explain the stresses that led to your misrepresentation. You will not go to jail and you won't lose your child, but joint custody sounds possible.

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