Question on slander

[gware47]

What is the name of your state (only U.S. law)? Washington
What are the definitions of slander under the law? We are Grandparents and our daughter's ex-boyfriend has been slanderind us ( we think )

[quincy]

Slander is the spoken form of defamation (libel is written).

Slander is the harming of someone's reputation through false spoken words communicated to a "third" person (someone other than the person defamed or defaming). Truth and opinion are not defamatory, even when the truth damages a reputation and even when the opinion is derogatory. It is defamatory only when a statement is false but stated as fact, or implied as fact.

Defamation centers on reputational injury. A person's reputation can be injured when false statements made adversely affect that person in his place of employment and/or in his community - through disgrace, ridicule, contempt, humiliation, etc.

What has the ex-boyfriend said about you? Has it damaged your reputation in any way?

[gware47]

He has been lying saying that we are unfit to watch the grandson and we are afraid that we won't be able to babysit him anymore

[quincy]

Who is he saying this to? Is he giving false reasons why he thinks you are unfit?

[gware47]

He has said it to his lawyer and our daughter over heard him, he has'nt been able to give any reason

[>Charlotte<]

There's going to be a very fine line here. You may, in fact, be excellent grandparents, but a parent has the right to establish his own criteria for what he deems "unfit."

[gware47]

He does'nt have custody of our grandson because the Judge said he was'nt capable of taking care of him so he only visits with him because our daughter says the grandson needs to see his father, he does'nt even pay child support, this is a deadbeat dad

[quincy]

Ahh. Well, if he is telling his attorney that you are unfit, there is not much you can do about it. He can lie all he wants to to his attorney.

There is something called "privilege" and it is an immunity from prosecution given to certain people under certain circumstances. When it comes to defamation, there is litigation privilege and judicial privilege and official privilege and privileged communications. Basically, what is said in court, in hearings, to an attorney, none of it can be used against a person in a defamation action. People can say horrible things about one another in these circumstances, and you cannot sue them for defamation (they can be charged with perjury, perhaps, but not defamation).

I doubt, without evidence of your "unfitness", that anything will come from this ex-boyfriend's comments to his attorney. He would have to prove you were unfit as caretakers for his child before he could prevent your daughter from having you babysit. I am sure his attorney is telling him that, as well.

If he starts talking about how you are unfit as caretakers outside the courtroom setting and to someone other than his attorney, THEN he could possibly face a defamation action. Right now, however, even though what he says may be slanderous, and it is certainly mean, it is not "actionable slander." There is nothing legally you can do.

By the way, if your daughter and her ex-boyfriend will soon be appearing in court for a custody hearing, or whatever, you should be prepared to hear a lot of lies being told. This happens in divorce and custody situations with regularity. Judges know this and they discount half of what they hear and then base their decisions on facts and evidence.

Good luck to you all.

[gware47]

Thank-you for your replies

[quincy]

You're welcome, gware. And I think, from what you have posted, that you will be able to continue to sit for your grandson, so I wouldn't worry too much.