ChiliPalmer
Member
What is the name of your state? WA
Background threads here and here. Father has filed for a major custody modification; original order five years old, this is the first court dispute, joint custody on all counts, both sides have attorneys.
There are some problems with the information on their filings; knowingly false info and missing info. First and foremost, the petition states I live in the same county in which the original decree was granted (and where the ex still lives). I don't - haven't lived here for years - and they know this, their attorney knows this too. They stated in their declarations where I was actually living, they put in their request for a restraining order that I am a flight risk with the children because I live out of state, and they had me served at my home address out of state. The key relevance I can find is that when they filed listing me as living in the same county, the first court date was set for just four days after I was served. That was lengthened a week, giving me ten days to respond from out of state when WA state law demands I be given sixty days to respond. My guess is they were hoping for a default judgement, supplying false information in the hopes I wouldn't make it from out of state in time to appear and defend against the suit.
They declare that in 2004 I had the children on weekends only. School records I supplied to my attorney show that the children were living with me and had to be released from the school district in which I resided. I have a declaration from one of the children's teachers stating the children were living with me, she witnessed me picking them up and dropping them off, knew whose fault it was (mine) if the children were tardy or not prepared, that I was the room mom for holiday parties and attended the parent-teacher conferences. Also a daycare log and declaration from the lady two doors down who minded the baby while I ran the children to school in another town three times each day. In short, a second instance where I can prove with hard evidence that the father was lying.
He stated that my eldest is disabled, when the boy is not. Proving a negative was a bit trickier but there's medical records to show he hasn't required pediatrician visits for anything but school physicals and annual checkups. I could always get the pediatrician to declare that there are no conditions existing or cured for which a certificate of disability can be written.
Finally, the father's modification petition included that he was requesting child support and all paperwork had been filed for that request. There is no paperwork filed; I've been to the courthouse and examined the entire file, it isn't there and my attorney has nothing either.
My question is, how significant are these things and what can I do with them?
Background threads here and here. Father has filed for a major custody modification; original order five years old, this is the first court dispute, joint custody on all counts, both sides have attorneys.
There are some problems with the information on their filings; knowingly false info and missing info. First and foremost, the petition states I live in the same county in which the original decree was granted (and where the ex still lives). I don't - haven't lived here for years - and they know this, their attorney knows this too. They stated in their declarations where I was actually living, they put in their request for a restraining order that I am a flight risk with the children because I live out of state, and they had me served at my home address out of state. The key relevance I can find is that when they filed listing me as living in the same county, the first court date was set for just four days after I was served. That was lengthened a week, giving me ten days to respond from out of state when WA state law demands I be given sixty days to respond. My guess is they were hoping for a default judgement, supplying false information in the hopes I wouldn't make it from out of state in time to appear and defend against the suit.
They declare that in 2004 I had the children on weekends only. School records I supplied to my attorney show that the children were living with me and had to be released from the school district in which I resided. I have a declaration from one of the children's teachers stating the children were living with me, she witnessed me picking them up and dropping them off, knew whose fault it was (mine) if the children were tardy or not prepared, that I was the room mom for holiday parties and attended the parent-teacher conferences. Also a daycare log and declaration from the lady two doors down who minded the baby while I ran the children to school in another town three times each day. In short, a second instance where I can prove with hard evidence that the father was lying.
He stated that my eldest is disabled, when the boy is not. Proving a negative was a bit trickier but there's medical records to show he hasn't required pediatrician visits for anything but school physicals and annual checkups. I could always get the pediatrician to declare that there are no conditions existing or cured for which a certificate of disability can be written.
Finally, the father's modification petition included that he was requesting child support and all paperwork had been filed for that request. There is no paperwork filed; I've been to the courthouse and examined the entire file, it isn't there and my attorney has nothing either.
My question is, how significant are these things and what can I do with them?
