perjury

[zanadu]

What is the name of your state? OH

A friend of mine is just starting divorce proceedings. His wife filed an emergency hearing to have him evicted from the home. She swore under oath that she has statements from therapist that it is in the best interest of the children for him to not be there. that he is verbally abusive to her and the children. and that he barricades himself into the basement.
We know that all of her statements are untrue. He cooks dinner for the kids every night. Plays games and watches movies with them every night. Goes to all the baseball games and spends good quality time with his kids.
This is going to be a very ugly divorce and this is only the beginning. My question is will there be any consequences for her swearing under oath knowing full well she is lying? will someone interview the kids? will she have to prove all of this in court? or will they grant the judgement based on her statement?

[mistoffolees]

Originally Posted by zanadu

What is the name of your state? OH

A friend of mine is just starting divorce proceedings. His wife filed an emergency hearing to have him evicted from the home. She swore under oath that she has statements from therapist that it is in the best interest of the children for him to not be there. that he is verbally abusive to her and the children. and that he barricades himself into the basement.
We know that all of her statements are untrue. He cooks dinner for the kids every night. Plays games and watches movies with them every night. Goes to all the baseball games and spends good quality time with his kids.
This is going to be a very ugly divorce and this is only the beginning. My question is will there be any consequences for her swearing under oath knowing full well she is lying? will someone interview the kids? will she have to prove all of this in court? or will they grant the judgement based on her statement?

She will have to prove her allegations to the satisfaction of the judge. Simply her word won't be enough - unless he fails to show up to defend himself or he acts up in court enough to make the judge believe he's unstable.

Other people may have different experiences, but my experience is that people who make these kind of fabricated claims rarely, if ever, get DIRECTLY punished for them. However, if she makes enough wild claims that the judge believes she's unstable and/or dishonest, it could affect his custody decision. In an extreme case, it might lead to him being granted custody. However, it really would have to be extreme.