Legal Question in Family Law in California

False allegations of abuse

My husband's divorce has been ongoing for almost six years now. My husband's ex-wife has tried to alienate my husband from his four children. The ex-wife dragged both of us into court on an ex-parte motion claiming child abuse. The judge ordered a court appointed attorney for the kids. We went to our apointment and the kids lied about abuse. The judge temporarily terminated my husband's visitation. The ex-wife now has the children under her control all the time, while she fills their heads full of lies they are repeating. How do we fight this?? It boils down to their word against ours, they have no proof that we did, because we did not abuse anyone, but we have no proof that we did not. The 20 day return date for the ex-partes keeps getting continued. We have prepared a response on our own behalf and we are ready to go to a trial. How do we prove to a judge that we are not the people portrayed by his ex-wife and kids? We asked the kids, one of the last times we had visitation why they lied and they said that their mother is making them. We do not know who to believe anymore. Even if we win our case, the ex-wife has severely damaged my husband's relationship with his children and we do not trust them not to lie again.


Asked on 11/24/00, 5:47 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: False allegations of abuse

You need to get an attorney immediatly!! I do not have the time to write here exactly what you need to do because this is not a simple issue, and I would never recommend that you try to handle an issue like this without an attorney. It appears that the ex is doing what's called parental allienation syndrome!! You will need to ask the Court for a 730 evaluator to be appointed, etc. If you are located in Southern California you can call me for a free telephone consultation at 818-342-8020 x1. I have done many of these types of cases!!

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Answered on 11/29/00, 2:16 pm


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