What is the name of your state (only U.S. law)? CA
I rented two bedrooms from a woman that I found on Craigslist back in 01/08. I lived there for 5 weeks and that was all it took for me to realize that it was not a suitable match for me and my children. Nothing super serious, she just always seemed wrapped up in some sort of drama with the lady next door...one day they were best friends, the next day she was telling me she was considering calling CPS on her. As well, there was a few occasions that I didn't appreciate the way she spoke to my children.
When I moved out, it wasn't on the greatest of terms between us. But it was done quietly, amicably and I was paid up until the day I moved out.
Because we lived together and actually were becoming friends after I moved in, we shared things to each other on a personal level.
She knew that I was involved in a very high conflict custody battle with my ex and have been for several years now.
Two weeks after I moved out, she called my 13 year old daughters cel phone (have no idea how she got the number!) and got my ex's number from her. She called my ex up and proceeded to say some pretty horrible things about me that were NOT true. Like I drank alcohol on a daily basis to the point of intoxication. That I hid bottles all around the house. That she was concerned for the safety and well being of her 9 year old son having me in the house. (Funny thing is about that....she left him home alone with me in my care every morning for about an hour and every afternoon for several hours until she got home from work.) Claimed that when I had my kids with me, I ignored them. The best one....One day I picked up my kids from Dad, came back home with them and left them all alone to watch tv while I took a shower. They are 10 & 13. Very capable of entertaining themselves for 20 minutes while I took a shower. Her and I had a few drinks together at home twice while I lived there. Other than that, she is completely lying.
Long story short, she submitted a declaration in writing to my ex with regards to these lies in order for it to be used in our court case against me. Her statements along with some other things my ex's attorney conjured up in preparation for the court case(those were able to be shown in court to the judge to not be true, just like all the other allegations he's thrown the past 3 years).
However, there was a lot of weight placed on this two page statement from my former roommate and the end result was that my children are now restricted to day time visits with me only.
Do I have grounds here for a libel case and would it be something worth pursuing?? Its been 6 months now since I've been able to have my children spend the nite with me and trying to get that reversed has been so difficult due to I am pro per and he has a very aggressive attorney. But as far as the court is seeing it, its my word against hers and apparently they felt that her letter was written with the utmost sincerety.What is the name of your state (only U.S. law)?