Ex-husband faxed inflammatory legal paper

[DeanaL]

What is the name of your state? FL/MS

During a nasty custody battle my ex faxed a copy of the inflammatory Petition for Custody he had filed in MS to my son's school in FL where we live. Is this something that falls under 'slander/defamation' ? And if so which state?

Thank-you

 

[BelizeBreeze]

Nice try, but next time bring a REAL issue here.

You have no case, no how, now way, no comprende.

 

[DeanaL]

Nice try, but next time bring a REAL issue here.

You have no case, no how, now way, no comprende.

So, your saying he can just file a paper claiming any outragous thing about me and send copies to just whomever he pleases?

 

[BelizeBreeze]

So, your saying he can just file a paper claiming any outragous thing about me and send copies to just whomever he pleases?

Well, since utterances made under judicial privilege are not actionable and since judicial proceedings are public record, I guess you'd be correct.

 

[Quaere]

DeanL, you do have rights in the situation you describe. Although certain communications are privileged, it is possible to abuse privilege and lose the right to claim it as a defense.

Circulating allegations made in an administrative proceeding, to individuals that are not a part of that proceeding, may very well be considered an abuse of privilege.

It is possible you have a claim for invasion of privacy and/or defamation. Both are very complicated claims and are dependent on the exact wording used in the Petition.

You could sue your ex in the state he lives in or in the state of Florida. Unfortunately, it would cost you at least 10K to sue him and unless he’s got deep pockets or insurance, a lawsuit is not a practical solution.

 

[BelizeBreeze]

DeanL, you do have rights in the situation you describe. Although certain communications are privileged, it is possible to abuse privilege and lose the right to claim it as a defense.

Circulating allegations made in an administrative proceeding, to individuals that are not a part of that proceeding, may very well be considered an abuse of privilege.

It is possible you have a claim for invasion of privacy and/or defamation. Both are very complicated claims and are dependent on the exact wording used in the Petition.

You could sue your ex in the state he lives in or in the state of Florida. Unfortunately, it would cost you at least 10K to sue him and unless he’s got deep pockets or insurance, a lawsuit is not a practical solution.

Invasion of privacy when the documents are public information. OH PLEASE!!!!!!!!!

 

[dallas702]

BB's got a point. Even IF the case has been ordered sealed you still have to prove some kind of damages. The school has a duty to keep information about their students confidential, so it's not like it will actually become front page news. Even then, you still have to show damages. You could spend a small fortune to make a case for defamation and get an award of $1. You'd do better complaining to the family court that your ex is causing a hardship for your son. Then they might say "please don't do that again".

Of course, if what he said in his complaint is true......