Legal Question in Appeals and Writs in California

my ex wife and I were going through a long custody battle. she's in the military and she had bearly gotten back from deployment. the judge order a custody evaluation, the evaluator did her job and when it came down on asking my ex if she new when she was going to get deployed again. my ex lied and told her that she wasn't due for deployment untill may or june of 2009. this happend in august or october of 2007, due to this lie of my ex the evaluator based her decision and recomended for our 3 children to stay living with the mom. on december 19 2007, we signed a stipulation were the recomendation was adapt with a few changes. all this time she already new that she was going to get deployed back on june of 2008. she let me know on may of 2008 that she was getting deployed. i went in for a modification and the judge order a focus evaluation 2 weeks after she came back from kuwait. the kids were awarded to me. know she has appeald this decission. now our marritual status was terminated on 8.14.2009. is there a rule that would get her appeal dissmiss because she lied on purpose and the decission was mostly based on that one lie. they are trying to go under the family code 3047 and the california rules of court rule 2.225(b)(3) and rule 2.225 (b)(4) i went in for modification due to her leaving again and then because she violated one of the previous court orders and the judge modified it due to the violation.


Asked on 9/29/09, 3:49 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your ex-wife's lies (if demonstrated in the record) should help you win the appeal on the merits, but you won't be able to get it dismissed on that basis.

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Answered on 9/29/09, 4:03 pm


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