Legal ramifications for her?
My ex wife filed false abuse claims against me, has refused to present the original evidence to the social worker assigned to our case, has been established as coaching our children by a social worker, has repeatedly broken a legally binding contract requiring her to allow me to contact my children each night before they go to bed, has apparently taken my children on a vacation away from her home without telling me about it, and has lied in court under oath.
What punishments can I ask the judge to hand down to her? How likely am I to get any punishments given to her? What additional steps should I take to ensure she DOES get punished?
Please don't say to talk to a lawyer - I already have one. I just want to know what my options are here from anyone who may have experienced similar things.
Her "abuse" allegations were only taken seriously by default; too many courts ignored legitimate claims and kids got hurt. She was awarded emergency temp. full custody. But our initial agreement was not nullified during this time. I am still legally allowed to speak to my children and she is still legally required to let me do so as she signed a contract (our custody agreement) stating such. Since this contract was not altered or nullified, I am still entitled to speak to my children.
I have phone records proving I called her several times at our pre-appointed time each night for several days and the calls never went through. I also involved the police, asking them to do a wellness check on my kids to ensure they were ok. Twice. The second time, the police called her and she informed them of the "vacation". She is still legally required to let me speak to my children, regardless of where they are located.
I am asking about punishments because something needs to happen. She is poisoning my children against me and she will continue to cause issues for me until something is done to teach her a lesson. My children established I am not abusive when the psychologist interviewed them for the case. They also revealed that she has coached them into what to say. The psychologist will testify in court as to what she found. The evidence of their mother lying is overwhelming.
- David 14Lv 73 years ago
If you have a lawyer why are you asking here? He/She knows better than we do.
- RosalieLv 73 years ago
Why AREN'T you talking to your lawyer?
If your lawyer isn't available to advise you on how not to make things worse, perhaps you aren't listening to them, or you need a new attorney. This should all be about following court orders meant to protect your children- not continuing what is obviously a dysfunctional relationship with your ex-wife.
- SlickterpLv 73 years ago
She is in contempt of court. Does any court order say she must tell you she is taking them on vacation?
- linkus86Lv 73 years ago
Abuse allegations are meaningless unless they can be proven, thus the court doesn't take them seriously until then, and there is no law against suggesting abuse in family court. Don't confuse this with making a false police report, its not the same thing.
Similarly your allegation that your ex does not allow you contact with the children before bed is under the same scrutiny and hard to prove. But it would have to be proven to the judge and then solely up to the judge as to the punishment. Not subject to your opinion for punishment. In other words, its never your place to suggest punishments, nor do you ever have the legal standing to do so. The judge could fine her, hold her in custody for contempt, etc. or do nothing at all. Its completely up to the judge.
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- 3 years ago
So people are automatically supposed to believe you? Do you have evidence that you aren't an abuser? Didnt think so.
- Pearl LLv 73 years ago
thats up to the judge what punishment he wants to dish out
- MorningfoxLv 73 years ago
As long as you use terms like "punishment", the judge in your case is going to hand down ZERO punishment. Child custody and access cases are all about the best interests of the children, not about punishing one side or the other. As soon as you bring up the idea of punishment, the judge is going to think that you are not putting the kids first, last, and middle. The judge is going to think that allowing YOU to have more access to your kids might actually be harmful to them.
- WilliamLv 73 years ago
Filing a false police report is illegal...
- 熊冰冰Lv 73 years ago
In all jurisdictions in all countries of the world she will be given 22 lashes with a piece of taglietelli cooked al dente and fined $HK210.
OK, actually, I have no idea, and it's unlikely the judge is going to assign any "punishment"-- which I suspect is exactly what your lawyer told you.