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Old 04-12-2015, 12:50 AM
Londonmom Londonmom is offline
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Default Lying on an affidavit?

First of all, I am so glad to have found this forum. I will be self-repping and this place looks to be of great value for this. I will post tomorrow with a case background and a lot more questions once I've had time to sleep, but I do have one big question to start with.

Parent A files a motion against Parent B with a 35.1, which is a sworn affidavit. In that affidavit, where it lists who the child currently resides with in the home, Parent A first listed the names of the other adult and two children who live there, and then crossed them out. In the other section dealing with who will continue to live with the child after custody is determined, Parent A left it blank.

To me, this is perjury, and as he listed the names and then scribbled them out (impossible to read them, but there are three names listed) shows that it was deliberate and intentionally misleading to the courts. Leaving these people off the affidavit is an issue not just because it's a lie, but also because one of the children listed beat up Parent's A son and the son will no longer go to the home for visitation. There were no criminal charges involved, the son simply told his mother he no longer wanted to go and Parent A did not contest this decision. As a result he has not seen this child since September. Proving that his partner and her two children do indeed live there will be no problem to prove in court.

Other issues with the affidavit include:
1. not including a copy of the existing SA to me (even though he checkmarked included) **which is fine, I already my copy, but again, improper service/perjury/just an idiot?

2. We both have to do a financial form. Am I not supposed to receive a copy of his as well?

3. Service was done by his mother when I dropped our child off there Easter Monday. She handed me on envelope, and when I opened and looked inside I said "I guess I am going to court". She got quite upset, apologized, said she didn't know that's what he had left for me. I feel bad for her, she is a sweet woman and I have maintained a good relationship with her for the last 14 years. However, it is my understanding that she will have to sign the affidavit of service, and that you need to list the documents served on the other party. She handed me a sealed envelope with no knowledge of their contents, so if she does this, has SHE also perjured herself?

Thank you in advance I am going to have a bunch more questions tomorrow once I've had time write as concise a background as I can for this.
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