What can I do about false allegations made by my soon-to-be ex-daughter-in-law in a court document?

My daughter-in-law stated in a legal document during divorce proceeding that as the grandparents my husband and I were not to take care of our granddaughter due to our ill health. This is entirely untrue. What can I do about this falsehood?

Asked on March 9, 2016 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do anything about it, other than--in the course of proceedings--providing your evidence or documentation to the contrary (which can generally hurt youd daughter-in-law's case, by damaging her credibility, which will help your son). The reason you can't do anything:
1) First and foremost, there is a "litigation privilege" for comments made during court proceedings--they are not considered actionable slander or defamation. People are allowed to make incorrect statements during legal proceedings.
2) "Ill health" is a subjective term, as is her assessment of your ability to care for the grandchildren; it is not unlikely that a court would simply consider this her opinion, and everyone is legally entitled to an opinion.


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