If my ex-husband filed a motion for custody for our young boys, can I file defamation of character for his court documented lies?

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If my ex-husband filed a motion for custody for our young boys, can I file defamation of character for his court documented lies?

Everything that he included as “grounds” in the motion were all lies that can be proven with documentation. He claimed that I failed to seek gainful employment, so I obtained a letter for verification of employment from my place of work. He said that I no longer had my apartment, so I provided my lease proving that I have steadily lived here for the last year and a half. His new wife works as a legal assistant for the law firm that he retained his attorney from; coincidentally I never got a notice of hearing for our court date where I intended to reveal his lies. He was granted temporary custody.

Asked on October 2, 2012 under Personal Injury, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country what is stated in a court filed document is "privileged" under the litigation privilege with respect to any future claims for defamation and the like. Even though you may not like what your "ex" stated in court filed documents, there is nothing you can do legally with respect to a defamation action against him.


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