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My son's father committed perjury during our Ex Parte custody hearing. What now?

San Diego, CA |

My ex and I have an old legal custody arrangement and knew we needed to go to court to update it now that our child is in school and can't keep going back and forth (we live 80 miles from each other). In the interim we agreed that he would live with me this year for school and we would go to court next summer and sort it out.

We picked out the school together and he started going. Just a few days later, he filed an Ex Parte and in his declaration, as well as in his sworn testimony he said that he never agreed to let our child attend school here and wanted temporary custody. He also said that I live in a bad neighborhood. These are both blatant lies, but at the time it was his word against mine. I have texts and emails to prove his lies. What do I do now? His lies resulted in losing my son

My emails show him writing the words "I agree" when discussing the school. I have texts of him asking for the fax number at the school for the medical forms. He took our child school shopping for "street clothes" (the school he has him in now is private and requires uniforms). All this, yet he swore to the judge that he "never agreed" to it and that I enrolled the child w/out his permission (we have 50/50 legal custody), when the reality is that HE enrolled my child in a private school w/out my knowledge whatsoever. Just simply didn't bring him back to me and wouldn't let me see him. I can't imagine how someone could get away with this, yet my lawyer seems hesitant to pursue a perjury report. She says to just focus on the court hearing (in December) and build our case. How can I feel good about going up against someone in court who is willing to do or say anything to win? I'm at a loss. I'm so angry and saddened and want justice! My child is now living 80 miles away from me.

Attorney Answers 3

Posted

You need to hire a California Family Law attorney immediately to protect your rights. they may want to file a motion immediately in an attempt to reverse these findings.

This should not be construed as legal advice or the making of an attorney-client relationship. this information is purely for informational purposes and should be treated as such.

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Posted

Thank you for your thoughts. I do have a lawyer and as I mentioned in the additional information, she is hesitant to pursue the perjury report. I'm not sure what is entailed in that or why she would be hesitant. It takes long time to hear back from her and in the meantime I'm going crazy!

Posted

You need to have a heart to heart with your attorney and if you don't get the answers you want I would suggest contacting another attorney for their opinion. Did you attend the ex parte? If you did why didn't you show your proof at that time?

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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Posted

Thank you. I did attend and I just wasn't prepared to defend it because I wasn't expecting him to lie! I thought I was going so that he could state, "Child should be with me because x, y, z" then I would reply with, "Child should be with ME because x, y, z." So I was just not prepared for that.

Posted

You have ten days from receiving the order to request reconsideration based on your additional evidence of the dishonesty.

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Posted

Thank you for that information. Very helpful.

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