forgery

[karmaseeker]

What happens if someone is proved to have forged documents?

Is it just a slap on the wrist?

Haven't seen much accountability in the courts so curious if forgery is seen as irrelevant as everything else in family law?

[wretchedotis]

I think it would depend on the nature of the forgery.

Was a signature forged for being late to school? Thats pretty innocent. Was it a forged Notice of Asessment? That would be more of an issue.

I'm just speking in terms of common sense.

[formyGirls]

Please provide some more info, and I may be able to give a little more guidance.

My ex tried to have forgery charges brought against me, and I ended up having some in-depth conversations with local police about it. I also did a bit of research before and after talking to police.

In general, charges come into play when the forgery is done for financial gain. There has to be provable intent to defraud someone. Often spouses will sign each others names on cheques, credit card slips, etc. The police don't look seriously at these situations.

However, if your ex cleared out your accounts, forged your signature to sell or mortgage the house, etc. and they received a financial gain from it, then the police will look more seriously at it.

If you are comfortable sharing some more details, then we can give a better opinion.

[karmaseeker]

It is for financial gain as this letter is the only proof now offered to substantiate very high costs involved with section 7 as she failed to submit any record of payment or receipts.

She has not signed his name. She has potentially created a false statement from a third party. It is under investigation.

My experience tells me in monkey court where purgery and false accusations are A ok, fraud might be not be taken too seriously either.

[formyGirls]

Ya, don't get your hopes up. I wouldn't put a lot of energy or focus into it.

If you can provide concrete proof, it may come in handy to refute the costs in question, and cast doubt over other costs as well.

But it's a fine line you walk. With section 7's, I am finding in my research if one party tries to be too cheap either, it often backfires.

Section 7's are highly discretionary, ultimately a crapshoot in many cases.

[staysingle]

I know a father that had to go to great lengths to prove to the courts an invoice for $3,000 + plus dollars for tutoring was never incurred. The mother started the tutoring and then the daughter didn't show up anymore.

Anyway, her lawyer felt this would look stupid and withdrew the claim. Try and get objective evidence of the fraud and they may withdraw.

Good luck

[karmaseeker]

I'd be more interested in it casting doubt upon the integrity of the person. In the courts eyes if you are proven to forge and deceive the court than logic would say the rest of your arguments fall into question.

Of course logic seems to rarely apply in family law.

[karmaseeker]

Eventually a party that fails to provide disclosure, affidavits, roe's, paystubs, proof of payment etc has to have it blow up in their face. Doesn't it? I mean we are not talking about one questionable act, we are talking about multiple failures to abide by the laws. The very same laws that would most like tear a man to shreds if roles were reversed.

[staysingle]

If they won't supply the needed documents to move all matters forward, file a motion and maybe the thought of costs will make her comply. As has been your experience and certainly mine, often the women gets a universal pass on things like contempt, forgery, lying under oath, etc.

[blinkandimgone]

I would think that you would have to have the third party, at the very least, swear an affidavit that the documents in question were indeed forged. Aside from bringing her integrity into question, it's probable that any charges against her for the forgery would be up to the third party to file which would be completely unrelated to family court.

[karmaseeker]

If they won't supply the needed documents to move all matters forward, file a motion and maybe the thought of costs will make her comply. As has been your experience and certainly mine, often the women gets a universal pass on things like contempt, forgery, lying under oath, etc.

There is already a disclosure order. With items requested to be disclosed within 15 days. This day came and went.

Do we wait for settlement or push for a motion for contempt of court?

It all seems rather pointless if no one is ever accountable for anything.

[staysingle]

I would file for contempt of court. I would also do so in a self rep way.

[karmaseeker]

Damned if we do damned if we don't. Can't afford an extra court appearance as we are in the middle awaiting settlement conference. Don't want to piss off our lawyer who is doing a good job - by self repping a contempt case.

Knee deep and sinking.

[formyGirls]

Instead of a contempt motion, consider just filing a regular short motion. It shouldn't take 15 minutes to convince a judge they haven't given you the disclosure. I am assuming you have emailed them a time or two, and can submit the previous order along with your attempts to get the other party to comply, as evidence with your motion.

In a regular motion you can still ask for relief (another order for disclosure), and costs. Contempt motions are quasi-criminal things, and complicated by strict requirements to prove intent.

[staysingle]

Well explained formyGirls!!