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Old 04-13-2015, 11:06 AM
OrleansLawyer OrleansLawyer is offline
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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.
If they are self representing, a judge would likely conclude that they made a mistake rather than a deliberate effort to conceal the truth. Otherwise, why not print a fresh form so there are no scribbles?

At the case conference, it would be reasonable to bring up the fact that there are inconsistencies in the 35.1 and request that a fresh sworn affidavit be provided to you within 30 days. Either he comes clean (and shows he is can be unreliable) or he does not (in which case you can impugn his credibility later).

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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?
Should have included it, but "just an idiot" is most likely category.

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2. We both have to do a financial form. Am I not supposed to receive a copy of his as well?
Upon receipt of your answering materials he will be obliged to produce one. It should have been done at an early stage. Request, in writing, that he do so. If it is not done by the case conference, request costs for failure to be prepared (you probably won't get it), and an Order that he provide you with the sworn financial statement within 30 days.

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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?
If the affidavit of service is accurate than there is no perjury. In any event, no good can come of chasing her and it would make you appear vindictive.
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