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Old 04-25-2012, 05:18 PM
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Default Lying on affidavits

So I'm going over all my court papers in preparation for my May 18 case conference, and I am just dumbfounded by the number of lies in my ex's affidavits. Some of them are small and not even important, but others are very relevant to the issues in our case. I can't prove that all of her false statements were lies, but for most of them, I can back up my claim that she's lying with evidence.

Should I spend the time to compile a list of the lies she made that I can actually back up with evidence, in hopes that the court will then doubt the other lies she made?

She's told so many lies, that she can't even keep them straight, and contradicts herself from one affidavit to another. We had an OCL investigation, and even the OCL report that she agreed with contradicts a lot of the statements she's made in affidavits.

How much weight does the court give to this type of behaviour, and are there any repercussions for lying to the court? I would hope that lying to the court wouldn't be taken lightly, but you never know. She committed contempt of court by denying me access for 2 months last year, and got nothing but a stern warning not to do it again. If the court isn't going to care about her lies, I don't want to waste my time making the list, or the court's time presenting it to them.
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Old 04-25-2012, 05:50 PM
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I don't know the full answer for you as I haven't been there yet...

But I can tell you from the posts here, be organized and prove it. Have a binder with tabs that show the issue/lie, and all of your backup information attached in sections (Facts-not emotions...printed emails, communication from journals etc...). Getting everything in order will help for future, not just the case conference. I would have all of this as backup.
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Old 04-25-2012, 05:50 PM
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Understand your frustration. My ex and I were divorced after 30 yrs and in one of his more recent affidavits he actually made a statement that I never potty trained my son (babysitter did). My son, age 30, finds this hilarious! I, on the other hand, was totally pissed off. Obviously this has nothing to do with spousal support but it sure made me mad. Looking back now, with a cooler head, it is quite funny.

Stick to the facts. Don't stoop to her level. Always be prepared to defend yourself but don't retaliate. I was as surprised and as outraged as you are about all the lying that goes on.

Sometimes the other side just wants to get a big reaction... then they can say "see how volatile he/she is." Be cool, calm and you'll do just fine.
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Old 04-25-2012, 05:57 PM
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dont waste too much time on case conference materials, judges usually dont even read the materials, she has only put that stuff there to make you mad, which she is successful at.

I did the same and wrote a lot, my lawyer instead of wasting time on replying to false allegations took out every thing and wrote one line

All allegations of xxxxxx are denied and respondent put strict burden of proof on the applicant. i laughed and said "BURN" lol
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Old 04-25-2012, 06:17 PM
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Your EX must be my EX's BIO Twin-Sister! I could've written your post, word for word. I was also shocked at all the lies in ex's affidavits/statements of fact.

3 yrs in Court: I did not find that any of the initial lies amounted to much in the Court's view. I know what it's like: to have evidence/fact that shows the person is lying. Don't drive yourself nuts putting together a masterpiece of documents, but of course keep it handy and organized. Basically - what was said above ^ "all allegations of xxxx are denied."

I too naively hoped for the "Matlock Moment" - to produce my volumes of "proof" - it didn't come... Over time, the litigant who is being untruthful is revealed. Good Luck.
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Old 04-25-2012, 06:20 PM
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@arabian: I know what you mean. Once upon a time, a lot made me mad too. These are things I can now laugh at. Takes a while to get there, but yes, some of the total CRAP that appears on some ppl's affidavits is just pure insanity and so very transparent in terms of "motive."
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Old 04-25-2012, 06:29 PM
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Originally Posted by sahd29 View Post
Should I spend the time to compile a list of the lies she made that I can actually back up with evidence, in hopes that the court will then doubt the other lies she made?
Unless you have tangible (hold in your hand) evidence then no. You should deal with them as a blanket disagreement. Furthermore, unless they are *relevant* then don't bother. Relevancy is a KEY element to any matter before the court.

If they are just paragraphs in an affidavit with no supporting tangible evidence they are just hearsay statements.

Quote:
Originally Posted by sahd29 View Post
She's told so many lies, that she can't even keep them straight, and contradicts herself from one affidavit to another. We had an OCL investigation, and even the OCL report that she agreed with contradicts a lot of the statements she's made in affidavits.
This should be enough you don't have to pile on top of the problem. In fact, you need to figure out the relevancy to the matter before the court and focus on those issues rather than shotgunning everything back.

Quote:
Originally Posted by sahd29 View Post
How much weight does the court give to this type of behaviour, and are there any repercussions for lying to the court? I would hope that lying to the court wouldn't be taken lightly, but you never know.
Not really, it will be reflected in the custody and access order possibly. The challenge is if the lies put the children in danger. (Relevance) If they are to gain an upper hand in the dispute a judge will have seen it all before.

Quote:
Originally Posted by sahd29 View Post
She committed contempt of court by denying me access for 2 months last year, and got nothing but a stern warning not to do it again. If the court isn't going to care about her lies, I don't want to waste my time making the list, or the court's time presenting it to them.
Judges don't put parents in jail. The lies have to be serious or result in a miss carriage of justice for it to really have an impact. Compounding lies are easy to see for the vast majority of judges.

Good Luck!
Tayken
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Old 04-25-2012, 06:33 PM
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Quote:
Originally Posted by hadenough View Post
@arabian: I know what you mean. Once upon a time, a lot made me mad too. These are things I can now laugh at. Takes a while to get there, but yes, some of the total CRAP that appears on some ppl's affidavits is just pure insanity and so very transparent in terms of "motive."
Agreed. So many litigants think they are smarter than everyone else. They also have some perception often that what they are expressing is some great wrong doing that has happened to them. They even craft such insane things as false allegations of "Satanic Ritual Abuse" thinking that will work.

Another great mistake is having "friends" pile on affidavits of hearsay in support of you. That really demonstrates well that you can solve problems and not create them. Judges HATE this by the way.

Good Luck!
Tayken
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Old 04-25-2012, 06:34 PM
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Thanks for all the replies!

While I'm not worried about the court taking any of my ex's false allegations seriously, since she can't prove any of them, she is also refuting the amount of access I'm claiming to have had to my son. I have calendars, and also some text messages that back up a lot of my access claims, but my ex is saying that I fabricated the calendars. I was hoping that by showing that she lied about dozens of other things on her affidavit, that the court would be more inclined to believe my honest version of the way things were, as opposed to her dishonest version.
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Old 04-25-2012, 06:52 PM
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I'd recommend not discussing much with your ex before your May case conference. Seems she is merely trying to get you unhinged and upset. Don't buy into it. If you can present yourself as organized and credible to the judge the rest will take care of itself. I agree with Takyen: merely make a statement that you deny all of her allegations. Then go on to focus on positive things, hopes and plans for the future etc. This is an excellent time to come across as the brightest hope for your children's future. WORK IT !!!!
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