Big lies in court affidavet for new parenting plan
BM has many lies in her affidavet (not sure if I am spelling that word right!) to the court for amending the parenting plan. My question is, will these lies come out in court? Will the Judge ask her about the absurd things she submitted? I have no idea how this works.
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An affidavit is a sworn
An affidavit is a sworn statement. It's just like testifying in court.
Unfortunately, people lie under oath all the time. Can you prove she is lying? In court it will be about what can be proven. Not necessarily what is true.
We can prove she is lying,
We can prove she is lying, yes. I find it hard to believe her attorney would allow her to submit such lies without first making sure they were true! So what happens when she is proven to be lying to the court?
I think that if you have
I think that if you have proof that she's lying in the form of documentation (i.e. emails, texts, phone calls, paperwork, etc) then the courts will see through that.
not to be a negative nancy,
not to be a negative nancy, but i've literally heard judges say, "well, to believe you, i have to believe she's doing this maliciously. and i don't believe she is."
in all matters of the court (excluding criminal cases), anything goes. if you can PROVE that she's lying, fantastic. but if it's not hard evidence, everything is hearsay. including her statement and yours. and it IS allowed.
so get that hard evidence, otherwise it's just a battle of your word against hers and you never know which way the coin will land.
What happens if you can prove
What happens if you can prove she is lying in court? It depends on what she is lying about and it depends on the judge. However, lying on an affidavit or during testimony in court even on a small issue can be huge. The lie can discredit the rest of your testimony. In other words, if you are willing to lie about one thing, how can anything you say be trusted?
Why would her attorney allow her to sign a false affidavit? He wouldn't knowingly encourage her to lie. However, remember, the attorney only knows what she has told him. If she is lying to her attorney, he would have no way of knowing that.
Just remember that it's only a lie if you can prove it. For example. If she lied on a financial affidavit about her income, you could easily prove it with a tax return. That's concrete and easy to prove. If she is alleging that your boyfriend showed up 20 minutes late for three visitations in the last six months, that's a little harder to prove. Those things can come down to her word against your boyfriend's.
Remember that most cases never see the inside of a courtroom. They are settled before court by negotiations between the attorneys. Make sure that your boyfriend tells his attorney that he believes she has lied on the affidavit. That's information that the attorney needs as soon as possible.