Legal Question in Family Law in Arizona

Perjury in emergency ex-parte motion re:child custody

are there penalties civil- criminal? for willfully misrepresenting and lying under oath in an emergency ex-parte child custody matter,such as claiming your children were concealed,or kiddnapped from you for years,and also lying about your criminal record,in order to obtain custody?also submitting documents,or concealing documents that you know are misleading?


Asked on 4/25/01, 4:19 pm

1 Answer from Attorneys

Re: Perjury in emergency ex-parte motion re:child custody

I practice only in the area of Family Law, and cannot advise you as to the potential criminal penalties.

In the Family Court, however, you can certainly seek sanctions (financial or otherwise) for statements made under oath which are proven to be false.

However, please remember: EVERY SINGLE DAY, our Judges hear cases where Mom says Dad is horrible, and Dad says Mom is horrible. The positions are always so polarized, and the testimony is so opposite, that someone must be lying.

Nonetheless, the Court needs to make a decision in the child's best interests, and I rarely see them then sanction whichever party must've been lying.

Please call me directly if you would like to discuss this further.

/s/ Rich J. Peters, Attorney

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Answered on 6/18/01, 2:05 pm


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