What would be the procedure for a perjury charge.

[kevindell]

What is the procedure for bringing up a perjury charge. I have affidavits filed by my ex that I can prove are perjury. One issue is within the provincial courts jurisdiction of family law the other would have be dealt with in divorce court.

I have read everything has written about the minefields and uselessness of perjury charges in the family court. On a purely theoretical basis, how would you start the process of having a perjury charge laid. Would you complain to the family court or would you go to the police? Could you see a justice of the peace to lay it privately.

Thanks all, this forum has been very helpful.

[MommaMouse]

My ex perjured himself on a number of documents, including filing a false statement he claimed was from a friend which he signed himself, the friend wanted to file purjury charges but from what I understand in Family law it is frowned apon, since really it accomplishes absolutly nothing but getting revenge. It is not in your best interest or the childrens, so when something comes up that is false (ie my ex said his house value was $2600) bring it up in court, call it a mistake and give them a chance to correct it. Honestly even theortical base, no one would press charges or be bothered with it I think.

[SillyMe]

Perjury in Family Court isn't very common. Simply fill out form BS 8.5 from the forms catalog and file with the court. They will call you with available motion dates.

[resourceful]

Check out these two cases on CanLII

Reinhardt v. Reinhardt, 2004 CanLII 34788 (ON SC)
Lawson v. Lawson, 2004 CanLII 4774 (ON SC)

Perjury is a criminal charge which I'm guessing would have to be brought in criminal court. But in the two family law cases above the judges awarded costs to reflect their disapproval with the perjury. For more cases search in canlii under:

Perjury AND "family law"

[hadenough]

Don't waste your time or energy on this. People commit perjury on a regular basis in Court, under oath. In my experience, no one gives a shit.. They are SO used to it, I'd say that it's almost "expected." That is what I found throughout my 4+ years of fun in the Court system/litigation. I've seen lawyers lie in Court. Definitely my ex lied on every single affadavit, financial statement, examination under oath etc.

Take some comfort in the fact that the Courts see/hear pure BS all the time and the judges have a keen sense of who does or doesn't have credibility. One only has to be caught in one lie to blow their credibility sky-high. I wish there was a charge for it - but it's just not something that anyone in power follows through on. If perjury was punishable by fine and/or jail - I wouldn't have had to go to trial and would have been out of Court years ago. Seriously, don't waste your time pursuing this.

[kevindell]

Originally Posted by MommaMouse

My ex perjured himself on a number of documents... call it a mistake and give them a chance to correct it. Honestly even theortical base, no one would press charges or be bothered with it I think.

I have made several requests for her to withdraw the affidavits in question. She acknowledges that the info is wrong or more precisely she did not know what she was talking about. She is still going after me for assets using the affidavit. I face several thousands of dollars of fines from it, maybe even jail time.

I have asked her several times to let us work something out, she refuses.

[sahibjee]

i agree with kevindell, i burns me when the ex just lies about pretty much every thing that comes out of her mouth, and i have documented evidence against almost every thing she has put in her affidavit and even her financial statement, but nothing could be really done .. .its seems like ...

[dinkyface]

What are you hoping to achieve with a perjury charge?

I think your best strategy is just to present your proofs of perjury so that that she no longer has any credibility in front of the judge.

The judge will get very impatient with her.

You will get high marks from the judge for taking actions that move your dispute FORWARD to resolution, and not getting side-tracked by additional litigation. So... in all your affidavits, just dismiss her position, and put forward your position in a positive tone.

[hadenough]

Affadavits usually have supporting documentation. IE: attached is schedule A. B etc. The lies used to piss me off a lot too. In the end, ex looked like a total bozo. Right thru his own lawyer questioning him, and then mine on Cross-examination, he LIED. And guess what? He got caught. Every single time. When he said "blah blah" re: his income for example, out came that "sworn financial statement" and he was made to read out, for the Court, his reported numbers which he just contradicted. This happened several times. It was plain to see that he was a Liar and his "no credibility" was duly noted in the Final Decision.

This falls under the BEHAVIOR of the person during litigation/trial. The "behavior" then becomes a big part of the judgment and the final ruling on Costs. I don't get mad at the bs he spews out anymore. He's a joke. A blind man on a dark day could tell he's a liar. He has no credibility. Be patient. I know it sucks but you stay the course. Back up what you're saying and know that the liars get revealed in time.

[kevindell]

Originally Posted by hadenough

... Be patient. I know it sucks but you stay the course. Back up what you're saying and know that the liars get revealed in time.

I guess my issue is that she is also pursuing the matter outside of the family court. So even if we come to an amicable agreement with the family matters I could still face penalties outside family court.