Can I use the threat of criminal charges for making a false statement as leverage in a civil support/visitation modification?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.