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-   -   Lying on an affidavit? (http://www.ottawadivorce.com/forum/f3/lying-affidavit-18867/)

Londonmom 04-12-2015 12:50 AM

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.

Serene 04-12-2015 04:11 AM

You're getting deep in the weeds. Don't worry about your MIL and the sealed envelope....

Yes you are to get the financial statement.

BitHunter 04-12-2015 11:04 AM

lying at the family law court is an everyday practice, and it is without any consequences. Most judges don't even read the affidavits or any forms you submit anyways, so who cares. (maybe they will read before a trial, but the motion judge definitely doesn't and can't read the amount of cr*p some people submit). So this route is not going to take you anywhere.
you need to work with the father and the child to make sure they can spend adequate quality time together even if there is an idiot in the father's new household.

Headwaters1 04-12-2015 01:16 PM

Forget perjury. Nobody gets charged with perjury. It just doesn't happen. Lying isn't punished in family court. A consistent, intentional, pattern of dishonesty over the course of many documents and trial steps will only end up determining for the judge your husband "lacks credibility". Nobody in family court is ever called a liar, it seems. So you have to slllllooooowww down.

This gets repeated over and over again but it takes months to sink in (for me too when I started): Just focus on the children....be prepared to tell the court what you think is best for them and forget about the ex.

There are no gotchas. You will do well if you look calm and reasonable.

You won't do well on anything close to a technicality.

stripes 04-12-2015 03:26 PM

As to your questions:

1. Sloppy but not an issue, as you already have the SA.
2. Yes, you are supposed to get his financial statement.
3. Mother in law is in the clear - the affidavit of service just means she attests that she gave you the documents. She's not responsible for the content of the documents.

If the affidavit has crossed-out information on it, it may be rejected by the court (my ex did something similar with altering parts of an affidavit after it had been signed, and the paperwork got sent back). An affidavit has to be complete and unaltered from the moment of signature, so it's clear exactly what the signer is affirming, esp. if his/her signature is witnessed. Anybody could have crossed out names, added extra words, etc, post-signature. Your ex may need to prepare a whole new affidavit (which I'm sure he'll be thrilled about).

Links17 04-13-2015 12:14 AM

Actually, lying is rewarded. In court my ex lied about family benefits she is paid and when I presented this information to the appelate court they said it doesn't matter if she lied, you should have known during the hearing she was lying. She also blatantly and knowingly lied in an attempt to imprison and blackmail to dropping my appeal - this is NOTED in the judgement but there are 0 consequences.

The only place where lying is punished is when you try to hide your revenue. Its all they care about.

OrleansLawyer 04-13-2015 10:06 AM

Quote:

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).

Quote:

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.

Quote:

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.

Quote:

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.

78qw12zx 04-14-2015 01:20 PM

I agree 100% with Headwaters1 comment, above:

"Just focus on the children....be prepared to tell the court what you think is best for them and forget about the ex."

When there are children involved, this IS the court's #1 priority. Everything else really comes second. Put yourself in the best possible light, and be 100% above reproach. It's not bulletproof, but it will sure help.

Headwaters1 is also dead right with the suggestion to look calm and come across as being reasonable.

Londonmom 04-18-2015 09:42 AM

Thank you for your replies!

OrleansLawyer, I had no intention of going after my ex MIL. She is a very sweet woman and I have maintained a good relationship with her for the last 14 years post divorce. I mentioned it only because to me it looks like he used her to do something she didn't want to be a part of.

As for the affidavit, I noticed 2 other things on there that raise a red flag. When asked if he has other children, he left it blank. Ditto on the section that asks if he has been involved in a custody/support case prior to this one. Except....he has a son. The one who won't go to the house anymore because my ex's girlfriend's son beat him up. And there most definitely was a custody/support case. In fact, his son's mother is providing me with a copy of her court decision against him to attach as evidence to my own affidavit.

I get that people mislead or misremember truths all the time on an affidavit. But these three issues he lied about are deliberate and also have bearing on our own custody/support issue. I am really disheartened to read here that a judge would just basically shrug it off and ignore that.


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