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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-08-2010, 11:56 AM
kanan kanan is offline
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Default False Affidavit

My ex has filed few false affidavits in the court against me. I do have proof that they are wrong. My question is, Is there any law in family law or is there anyway I can sue her for filing false affidavit & defaming me in the courts affidavits?
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Old 04-08-2010, 01:23 PM
dinkyface dinkyface is offline
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Nope. Lies and perjury are not punishable in family court. Punishing parents gives no benefit to the children, so it's not done.

At most, if there is a clear pattern that your ex is acting in a way that unnecessarily increases legal costs, then you could request the court to order her to cover some of your costs.

Just do your best to give the court a crystal clear picture of the relevant details of your case. And think hard about what is relevant. If her lie is relevant, then point it out (with proof if you have it).

Last edited by dinkyface; 04-08-2010 at 01:25 PM.
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Old 04-15-2010, 01:52 PM
kanan kanan is offline
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So it means anyone can write anything about the other person, its only in trail that a person can get cost.....
So there is no way a person can sue the other person for telling lie in the court's documents.
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Old 04-15-2010, 10:26 PM
logicalvelocity logicalvelocity is offline
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Perhaps I was brought up the wrong way --The Affidavit is commissioned which is presumed truthful. Always best to rebut unfounded allegation as they occur and convey your own version by Reply Affidavit.
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Old 04-16-2010, 11:45 AM
billiechic billiechic is offline
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what would be the effect if you choose not to respond to a false affidavit? My ex submitted a whole deluge of crap (he was respondant) and I did not reply. AT the time I was self rep and completely floored by the lies.
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Old 04-22-2010, 11:52 AM
jaysneed jaysneed is offline
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I am going through the same thing more or less, and have been floored by lies and to this day still living the effects of them, the route i am about to take is getting the party who lied charged criminally by way of the criminal code of Canada. the (CCOC) doesn't state exceptions in the Family Court!!!!!!!!!!!!!!! People who are suffering the same consequences need to come together and fight for our rights. Canadians are too much of a YES Sir/Mam, Affidavits are sworn and affirmed to be true (it is just like swearing on the bible) that all information given is true to the best of their knowledge. Now if a parent lies on the well being of their children, denies their children(s) rights to see their non-custodial parent is a form of Child Abuse, I know in Canada if your caught abusing your dog you can get charged with animal abuse/cruelty, so what is a defenseless child have NOTHING. Now if someone kidnaps your child for 5 months before the first court date and was granted a restraining order and asked to show cause at a later date (now a final order and still have not shown cause 2 years later), Temporary Full Custody, Child Support and Access at their discretion on the first Case conference; isn't that injustice? The Applicants first attempt for a ex-parte order (Emergency Motion) was denied because the Applicant did not demonstrate sufficient evidence for this order to be granted (the judge who granted her ex-parte order the second time had the same evidence, which is nothing but feeling not facts, over saw something the first judge didn't see/read) If I am correct you cannot make an order before the conclusion of a Case Conference, seeing that this was the very first Case Conference appearance nothing should have been ordered. I am wrong? And to add insult to injury that first appearance I asked to adjourn the matter because my lawyer instructed me to do so for more time to file my Reply to the Case Conference Brief because it was served to me late, the judge adjourned the matter but order temp orders. Where are my daughter and I rights? We have been violated, and all I ever read is that nothing can be done, suck it up and wait till she is 18 years old she will know the truth when she gets to that age. I WILL NOT Suck it up, I Will not stop fighting for my daughter and for all the other children and non-custodial parents that suffer the same consequences, what is the point of having to go through this process when laws can be broken. Who is a judge who knows nothing about your relationship and your family's relationship with your child to make such harsh decisions? to me they are raising criminals, they want your children to suffer and make irrational decisions when they are older and commit crimes or else they would be out of a job if it didn't happen. Can you Sue? Yes. Can they be Charged? Yes, in accordance to our laws. I have read the Criminal Code of Canada and I did not read anywhere that Family Court is exempted. The judges are making irrational decisions and abusing process they need to be punished as well, the only reason that they make it hard for you to charge someone with perjury in Family Court is because the judge can be held liable as well. BillieChic don't let anyone tell you different, they want you to believe what they are saying, but it still does not make it right. They want parents who care about there children to keep paying money into these litigation's, but what they don't want and will knock our spirits and hopes for justice down is for us to stand up and fight for what's right.
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Old 04-22-2010, 06:57 PM
logicalvelocity logicalvelocity is offline
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Quote:
Originally Posted by billiechic View Post
what would be the effect if you choose not to respond to a false affidavit? My ex submitted a whole deluge of crap (he was respondant) and I did not reply. AT the time I was self rep and completely floored by the lies.
It could be scene as truthful on the face. However, if the untruthfulness come up again in further material - rebut.
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