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Has anyone ever heard of someone filing a motion or initiating an action in a Criminal Court for a Family Law issue like changing custody or changing an existing separation agreement?
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No. Family law matters are either held in Family Court or Superior Court (not to be confused with the Supreme Court). -
Thanks ... that's what I thought too ...
I have a friend whose ex has changed to a criminal lawyer so that she can start an action in criminal court because she says she was lied to when she signed the separation agreement.
Do you think that there is any time during a bitter separation negotiation that the twists and turns and he saids and she saids becomes a criminal matter?Comment
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Yes. But it is a separate matter altogether...a criminal court can hear harassment complaints, complaints of violence, etc. A lie in a separation agreement is still a family law matter, unless it involves fraud or other criminal code offenses. Without those, it stays in family court, although several criminal lawyers also take on family law cases...and many divide their practise areas between the two...so just because he/she practises criminal law does not mean it becomes a criminal matter...
When a criminal investigation is instigated and charges are laid, then it is...my feeling is that it is always better to pick a lawyer whose PRIMARY practise is family (weasels, yes...dirty snakes, no
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So ... apparently she thinks that the her ex lied or gave false information in his financial statement (not just that he lied to her) when they settled and signed their separation agreement. Can this somehow lead to her initiating some sort of action against him in criminal court?
Is giving incorrect information on a financial statement committing a fraud?Comment
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Possibly, but I doubt it. It would probably be perjury if anything, which could get him a contempt charge at worst. But she would have to prove he provided false statements, and even then, it is still a civil matter.Originally posted by KeepSmiling View PostComment
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Yeah, if she suspects she was lied to on the financial statements, why did she sign the SA? If she believes the SA was signed based on fraudulent info that she only found out after the fact, it's grounds to challenge the SA's validity....in family court.
Nothing you describe thus far sounds like a criminal court matter.
I think there is either a lack of information, or the ex is blowing smoke out her ass.Comment
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I'll take the latter for $1,000 Alex
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