Dadx2kids4n8
Member
What is the name of your state? California-I have a legal question and it pertains to the possible penalties for doing this or even if it's considered.
What can a Judge deciding on a Divorce case do to any party if he or she lies in court about an allegation and it's proven there's doubt of allegation support? Don't read beyong this if it's too long but please answer if you can.
Scenario 1-during a time she was here she got mad and tried to grab the 4 yr old from me, I was in the kitchen and she on the livingroom, and said a threat and came walking fast at me. I moved and she fell, slipped on the carpet in front of refridgerator which caused one bruise on her arm when she hit against aT.V stand I keep there for kids snacks when watching T.V. once in awhile and well she got up and grabbed him away she took him outside and her mother and brother were there and was waiting outside I didn't know this. Apparently waiting for my oldest to go to her mothers to visit secretly because I don't want her influencing my son. After she did this I went to my sons room where my 8 yr old was playing a game I sat beside him and she came in and did the same. I followed outside and words we're said after I told them to stop. They claimed they we're going to D.A.'s office and Police I said fine and placed a call to them, but they never did either. She came back later that day without my 15 yr old. I was mad but did nothing about this except tell her we need to stop and file for divorce.
Scenario 2-I told her this can't go on and planned on filing for Divorce the following week and begged her the day before to go with me filing joint everything. She said no. Next morning I woke up and she and kids and she we're gone. I filed for Divorce asking for custody and filed for emergency exparte which was denied because he wanted her served and set up a mediation date and a hearing date. Well, I told bailiff because I never saw Judge I couldn't locate her because she hid from me not telling anyone where she was. He said he found another Judge to do this and was just relaying the message so I left court. Then 8 days later I was surprised when she called and told me to pick up the kids at a motel. Then after the weekend I told her when she came to pick them up that I was filing for a restraining order which I said in it truthfully she was hitting me during different times and threatening to take the kids and never let me see them again and I did this to make sure she didn't take the kids again because niether of us had custody during this time.
Background not to confuse with my question-I was afraid she would do it again but this time I wouldn't have recovered my children because she involved her mother again this time and previously did this 1 year ago and left for another state, Alaska not because we fought or wanted to divorce, because her mother hates us being together and filed a CPS charge with a doctor which was not convincing enough to have our kids taken away from her and they closed the case but she has this on file. Nothing on me doing anything wrong though because I followed through and they said I'm not on the child abuse index but she is. But her mother threatened her and convinced her to leave me. So she left and did so until I filed back then for divorce which caused her to bring them back or face charges from the D. A.'s office which I was in contact with. When she came back we opted to work it out and I never followed through, yes I know this was a mistake. She came but it was never to work again. Our marriage was failing.
Filing TRO she was absent-she never showed up in court and I told the Judge she never left a forwarding address and said she had no place permanent at the moment when I picked up the kids from her. He granted it giving me custody but of course still left the mediation and the hearing date set but again said to serve her and I did at her last known address, her mothers house by mail. Later he changed the order and let her have weekends and both custody and sent her a copy and me copies.
In her absence this was done-she filed a false Domestic Violence allegation instead of showing up for the TRO. No police record, no prior history of her calling police, and I never got served anything during the time before the set hearing date. So time went by during the litigation. As I stated I never got any notice or serving on this allegation which is perplexing so at this point I know nothing happened.
Mediation failed of course she was immovable on her stance, wanted kids and that was it. I said not fair wanted to do joint custody later when she had a place to live, and thus we headed for the hearing date.
At the hearing-this is when the Judge asked me how do I respond which I couldn't as I did not know she did this. ( Outside the court during breaks we had a smoke and I tried to tell her to relax and let the Judge decide what's fair. She gave me a paper outlining visitation and said she wanted to work things out but wanted to split up our 4 and 8 yr old-I said no it's not fair. Then she revealed something of this nature saying she would win and I still was far from seeing what she was talking about but she did say she would lie about this and would get my step-son 15 yrs to lie too. I told her to stop threatening me and we sent back inside. ) So, Judge gave me time to find a Lawyer which I can't do no money and no one will heklp that I've located here in O.C. Calif. Yes, I'm feeling the clinch of her doing this, my kids love me and I've gone through alot for her and them but nevertheless I'm not trying to be unreasonable. She is though and there's many inconsistancies with allegation. During first visit she tried to convince our 8 yr. old to lie and he told me he was too scared to. But I need to research how to answer what to file and make it known to Judge all that is pertaining to this. But for now, I'm just wondering what he CAN do when I fill in all the questions about timing, incident involved, if testimony outside court is relevant and if character is a factor, how I have been overlooking all these bad dicisions she has done because of her fears and inconsistant facts. Even though she's done this, I know if I try to hurt her, it will hurt the kids. My position is defending my right to be in my kids lives and not giving them problems. This IS giving them problems but initially I've never taken the kids from her and wanted it stopped indefinitely. So I had to do something, they've suffered enough and we attended a SARB meeting with 8 yr. old because of her actions. Everyone knows my wife has been irrational and knows I should have done something long ago. If I did I may not have kids like now and thing's we'ren't to the point of me wanting to give up for kids and us. Please don't say get an attorney, none can help without money but doing this is heavily bothering me because when and if I win-I know there's a good chance I can be believed on this being false-what will he do because of this? What possible penalties will happen if any? Yes, I believe it should happen, no I don't want it continuing to hurt her and kids because kids will be seeing me forvever as the one that did this to her and them. If you tell me I will tell her too to see if she cares enough to stop this maybe. So there you go....can I get free advise on this? Thanks
What can a Judge deciding on a Divorce case do to any party if he or she lies in court about an allegation and it's proven there's doubt of allegation support? Don't read beyong this if it's too long but please answer if you can.
Scenario 1-during a time she was here she got mad and tried to grab the 4 yr old from me, I was in the kitchen and she on the livingroom, and said a threat and came walking fast at me. I moved and she fell, slipped on the carpet in front of refridgerator which caused one bruise on her arm when she hit against aT.V stand I keep there for kids snacks when watching T.V. once in awhile and well she got up and grabbed him away she took him outside and her mother and brother were there and was waiting outside I didn't know this. Apparently waiting for my oldest to go to her mothers to visit secretly because I don't want her influencing my son. After she did this I went to my sons room where my 8 yr old was playing a game I sat beside him and she came in and did the same. I followed outside and words we're said after I told them to stop. They claimed they we're going to D.A.'s office and Police I said fine and placed a call to them, but they never did either. She came back later that day without my 15 yr old. I was mad but did nothing about this except tell her we need to stop and file for divorce.
Scenario 2-I told her this can't go on and planned on filing for Divorce the following week and begged her the day before to go with me filing joint everything. She said no. Next morning I woke up and she and kids and she we're gone. I filed for Divorce asking for custody and filed for emergency exparte which was denied because he wanted her served and set up a mediation date and a hearing date. Well, I told bailiff because I never saw Judge I couldn't locate her because she hid from me not telling anyone where she was. He said he found another Judge to do this and was just relaying the message so I left court. Then 8 days later I was surprised when she called and told me to pick up the kids at a motel. Then after the weekend I told her when she came to pick them up that I was filing for a restraining order which I said in it truthfully she was hitting me during different times and threatening to take the kids and never let me see them again and I did this to make sure she didn't take the kids again because niether of us had custody during this time.
Background not to confuse with my question-I was afraid she would do it again but this time I wouldn't have recovered my children because she involved her mother again this time and previously did this 1 year ago and left for another state, Alaska not because we fought or wanted to divorce, because her mother hates us being together and filed a CPS charge with a doctor which was not convincing enough to have our kids taken away from her and they closed the case but she has this on file. Nothing on me doing anything wrong though because I followed through and they said I'm not on the child abuse index but she is. But her mother threatened her and convinced her to leave me. So she left and did so until I filed back then for divorce which caused her to bring them back or face charges from the D. A.'s office which I was in contact with. When she came back we opted to work it out and I never followed through, yes I know this was a mistake. She came but it was never to work again. Our marriage was failing.
Filing TRO she was absent-she never showed up in court and I told the Judge she never left a forwarding address and said she had no place permanent at the moment when I picked up the kids from her. He granted it giving me custody but of course still left the mediation and the hearing date set but again said to serve her and I did at her last known address, her mothers house by mail. Later he changed the order and let her have weekends and both custody and sent her a copy and me copies.
In her absence this was done-she filed a false Domestic Violence allegation instead of showing up for the TRO. No police record, no prior history of her calling police, and I never got served anything during the time before the set hearing date. So time went by during the litigation. As I stated I never got any notice or serving on this allegation which is perplexing so at this point I know nothing happened.
Mediation failed of course she was immovable on her stance, wanted kids and that was it. I said not fair wanted to do joint custody later when she had a place to live, and thus we headed for the hearing date.
At the hearing-this is when the Judge asked me how do I respond which I couldn't as I did not know she did this. ( Outside the court during breaks we had a smoke and I tried to tell her to relax and let the Judge decide what's fair. She gave me a paper outlining visitation and said she wanted to work things out but wanted to split up our 4 and 8 yr old-I said no it's not fair. Then she revealed something of this nature saying she would win and I still was far from seeing what she was talking about but she did say she would lie about this and would get my step-son 15 yrs to lie too. I told her to stop threatening me and we sent back inside. ) So, Judge gave me time to find a Lawyer which I can't do no money and no one will heklp that I've located here in O.C. Calif. Yes, I'm feeling the clinch of her doing this, my kids love me and I've gone through alot for her and them but nevertheless I'm not trying to be unreasonable. She is though and there's many inconsistancies with allegation. During first visit she tried to convince our 8 yr. old to lie and he told me he was too scared to. But I need to research how to answer what to file and make it known to Judge all that is pertaining to this. But for now, I'm just wondering what he CAN do when I fill in all the questions about timing, incident involved, if testimony outside court is relevant and if character is a factor, how I have been overlooking all these bad dicisions she has done because of her fears and inconsistant facts. Even though she's done this, I know if I try to hurt her, it will hurt the kids. My position is defending my right to be in my kids lives and not giving them problems. This IS giving them problems but initially I've never taken the kids from her and wanted it stopped indefinitely. So I had to do something, they've suffered enough and we attended a SARB meeting with 8 yr. old because of her actions. Everyone knows my wife has been irrational and knows I should have done something long ago. If I did I may not have kids like now and thing's we'ren't to the point of me wanting to give up for kids and us. Please don't say get an attorney, none can help without money but doing this is heavily bothering me because when and if I win-I know there's a good chance I can be believed on this being false-what will he do because of this? What possible penalties will happen if any? Yes, I believe it should happen, no I don't want it continuing to hurt her and kids because kids will be seeing me forvever as the one that did this to her and them. If you tell me I will tell her too to see if she cares enough to stop this maybe. So there you go....can I get free advise on this? Thanks