Just how illegal is it?

[Duped]

I have been sitting on this for quite a while and I am wondering what the forum users think about this. Below is a statement that I wrote just after the incident and just recently added to it.

"(Original Statement written on October 10th, 2005)

Statement of Duped October 10th, 2005

On October 5th, 2005 I walked into my son’s new school (school name) to introduce myself and get updated school records. Upon the mention of my name I was nearly accosted by the principal. Stating that any physical contact with my flesh would constitute assault, I was invited into the principal’s office for an explanation of his actions. He stated that he had in his possession documents from the court stating that the mother had custody and that I was not to be allowed at the school. It was apparent by his demeanor that he had been misled into believing that I was an abusive parent. I informed him that I had all court documents in my possession and that none of these documents stated that the mother had custody or that I was not allowed to be at the school. It was at this point that he retrieved my sons file and produced a faxed copy of the decision of Justice (judge's name) with an attached hand written letter stating;


“ATT: Management:

For proven the mother of (child's name) has the custody.

P.S. Not to let (child) leave with the father, without the signature of the mother (mothers name).” (Literal translation, original document written in French)


The principal loosely translated for me that the hand written note that came directly from the judges office stated that since the mother had custody, I was not allowed to be at the school.

I asked the principal to specifically read for me the judges decision as stated in the court document pertaining to the mother having custody and he was unable to do this. I pointed out that the only mention of custody was the point where it stated that if the mother did not return within 21 day to live with the child in (city name) that the father would be automatically grated interim custody of the child. In his confusion he stated that (my ex) had asked him just the other day if the fax from the judge had come yet, he was convinced that this order and the hand written note that were faxed to the school together had come directly from the judge himself. It was at this point that I pointed out to him that the fax lacked a letterhead and a signature and was not a legal document.

It was also at this point that I realized a discussion that I had overheard previously while in court on October 3rd 2005 had relevance. (my ex’s) father walked into the court room, sat down beside her, she asked him if he had sent the fax, he stated all sent and she said good. Fax was received at 1:51 pm on October 3rd, 2005 and at that time we were awaiting the judge in the court room.

I asked the principal if he would be willing to give me a statement to the effect of what we had discussed and he stated that he would only do so if officially requested by a judge, as he did not want to get involved.

I immediately took a photocopy of the hand written note over to my lawyer’s office for his information.

(Added on May 10th, 2007)

The original photocopy remains in my file at the Law Office of (name of former lawyer).

I was appalled that (name of former lawyer) did not submit this document to the appropriate person(s) immediately as I believe it to be unethical at best to be passing off documents as though they were written by a judge. If nothing else, it is insulting that this behaviour is tolerated. I had hoped he would have brought this to the attention of Justice (judges name) but he did not.



Sincerely,




Duped

Dated: ____________________"

What should I do with this piece of manipulative deception?
Is it illegal to pass off documents as official documents from the court?
Is there someone specific or a specific office that deals with this sort of thing?
Should I bring this to someone's attention or should i just sit on it?

Information or advice please!

Thanks

Duped

[FL_Needs_To_Change]

I see this as very good documentation of a very unfortunate situation. A situation that fortunately your child did not witness.
If the situation has been rectified and you are not being denied access to your son at school or any records pertaining to him, I would simply hold on to the documentation should you need it as proof of the damaging behaviour of the mother in a court situation. Just make sure the son’s file contains the actual court documents for future reference. Remember you need to stay focused on the best interests of your son; you are lucky he did not witness this, and that it was corrected quickly.

I would write a letter to the lawyer of your ex and clearly outline what transpired and how you were appalled at the behaviour of your ex and request that it not repeat itself. Stress the severity of the situation had the son witnessed it, IE the emotional and psychological damage. Stress that this type of behaviour is intentionally damaging to the bond you have with your son one which a child centred parent would not engage. Keep it succinct and polite, key word, “polite”. She’ll understand your position and that such behaviour is neither acceptable nor tolerated. Do not threaten legal action as that does not reflect positively on you, the “child centered” parent, it can be implied however without actually stating it.

What she did was despicable but you shouldn’t stoop to her level.

[Duped]

Thanks FL_Needs_To_Change,

I just think that if I were a judge I would want to know that my statments and statements that I have made were being fraudulently misrepresented or simply created by others on my behalf.

I guess I am old fassioned and believe in the truth and that wrong is wrong no matter where it is.

I guess my initial question still stands, is it illegal to pass off documents as official documents from the court?

Thanks

Duped

[FL_Needs_To_Change]

Originally Posted by Duped

Thanks FL_Needs_To_Change,
I guess my initial question still stands, is it illegal to pass off documents as official documents from the court?

I think the judge would be appalled to learn someone was misrepresenting him via fraudulent faxes purportedly from him/her!

No matter how you look at this, it is indeed fraud, and depending on the judge may be punishable by law. I think the answer is, do you want to take the next step and make this a criminal/civil matter? Because it is no longer just a family law issue when someone alleges they are someone of authority when they are not for the sole purpose of being vengeful and hurtful.

[Duped]

Thanks,

No matter how you look at this, it is indeed fraud, and depending on the judge may be punishable by law.

So fraud is illegal? I was under the impression that anything goes in family court, no penalties what so ever.

I think the answer is, do you want to take the next step and make this a criminal/civil matter?

Is this really up to me? Am I not obligated to provide information of fraud to the authorities.

Because it is no longer just a family law issue when someone alleges they are someone of authority when they are not for the sole purpose of being vengeful and hurtful.

Should I let my ex know that I have a copy of this document and a statement to accompany it? She does not know yet, never mentioned it.

To be perfectly honest I am torn between putting this out there for the judge to see and the possible effect it may have on our alternating week joint shared custody, putting it out there should result in a total death of any credability she has, but might cause me to get sole custody when the max I want is joint shared. Don't get me wrong, I want sole custody for me, but she is his mother and has as much right to raise him as I do, it was a team effort before separation and should be a team effort still. We just play for different teams now. When he is old enough to choose one living arrangement over another, I will respect his choice, until then, I believe it best to remain joint shared, even if she is the spone of pure evil (her dad is pure evil).

Thanks again

Duped

[Taestoy]

Don't tell her about the document and that you have this information, then find out who the judge is they tried to impersonate and send him a letter explaining what happened with a copy of the so called fax leaving your contact information for him/her to get in touch with you over the matter. There are many things we can do as human beings without lawyers involved but if you feel better also send copies of the same letter to your lawyer and hers showing them you have forwarded all info to the judge involved. Somehow I doubt that judge will just let this slide!

[Duped]

Thanks Taestoy,

I so want to do that, but at the same time I am worried, worried for my son, worried for his future, etc... What to do, what to do. Think, think, think... I'm so confused right now I am not sure what I am going to do.

Any other suggestions welcome, I will find the address of the judge and get it ready, just in case.

Thanks again

Duped

[Taestoy]

In a way i think your helping your son by shedding some light to this judge on his disgusting mother and her actions, with those actions comes consequences and that is life, trust me the older that boy gets the more light he will see i saw it first hand. If the mother is a nighmare once there older it doesn't take them long to see her for her true self and it often back fires on them in the end because the child grows up and doesn't want much to do with them because of this I have seen it and if already at 8 he avoids some of her calls he has already started this process. Screw em! If this was me I would most definitley send a letter to that judge with a copy of this fax or the original if u can get it back, i mean how else would he/she know about this and don't they have a right to know this went on behind there back! By law she can't keep your son from you what else have you got to lose! Show this judge what an idiot she really is!

[Taestoy]

This may be your ticket to showing her true colours but the judge may wonder why it took you 2 years to come forward with this that's the only thing.

Best of Luck!

[Duped]

I have drafted this letter to be addressed to the judge

Dear Justice (Judges name);

I wish to bring to your attention the existence of a document of a fraudulent nature that was faxed to my son’s school.

It was originally my intention to wait until after my file had been completed in the Ontario Court of Justice before releasing this information to you as I believe that the nature of this document would cause influential bias in my case which you preside over and that would be unethical. I have neither the desire nor the conscience for this.

Unfortunately, with consideration of the current state of the family law system my file will not be complete for quite some time and I believe it is my duty to bring forth the existence of the enclosed document without delay.

I have placed the document in question and my statement pertaining to the document in a separate sealed envelope along with my contact information. I have done this so that you may at your discretion pass this envelope off to the appropriate person or department without having viewed the contents yourself and thereby not having been influenced by it.

As I am unsure of the exact legalities of this document, I am confident that whomever you direct the enclosed package too will be very capable of making that determination.

If you decide to view the contents of the envelope rather than passing it on to someone else, please consider that it was not my intention for you to view these contents until after my case had been finalized, hence the separate envelope and lack of contact information in the outer envelope.

Best Regards,

Unsigned

basically explains it!

So what ya think? What would the judge do? What would you do? Could this come back and kick me?

Thanks again

Duped