Can I use the threat of criminal charges for making a false statement as leverage in a civil support/visitation modification?

During my summer visitation, my ex had her attorney file an emergency injunction stating that I refused to return our kids to her 1 week prior to the start of school (as required in divorce decree). The problem was that school did not start for another 2 weeks.

Asked on September 20, 2010 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, no not really.  I would not "threaten" anyone or anything at any time and especially when you have THE PERFECT opportunity to come out taking the high road in an otherwise ugly situation and come out smelling like a rose against your ex's weed.  You =- or your attorney - need to explain exactly what happened to the Judge, how you were not in violation and rather in strict compliance with the agreement, lay out the dates of vacation and when school started and the date she filed this false and baseless injunction.  State how embarrassing it was for you and humiliating to the children.  Then ask that you be compensated for attorney's fees and time from work and ask that your ex be held in contempt or however the Judge would like to penalize her for this act. What should solve it.  Good luck.

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