Legal Question in Civil Litigation in California

Libel

Can you take legal action against someone who provided false statements, outright lies, to a child custody investigator which caused me to spend thousands to defend them?

Tom is 13 yrs old

Bill is Me

Mary is the ex

Karen is the one who made the false statements and is a friend of Mary

Karens statements to the cci investigator

1. Tom has been involved in the parental dispute by Bill. 2. If anyone is abusive, its Bill. He has done so much damage to Tom by manipulating him, calling him stupid and refusing to help him with school.

3. Bill picked up Tom one time and threw him on the bed as punishment

4. Bill is using Tom and Felicia to spy on their mother

5. Bill wanted to see what Marys new home was like, so he hired a realtor to drive him around inside the gated community.

6. When it is time to drop Tom off at his fathers home, Tom becomes very upset and afraid.

7. Bill allowed Tom to read the last child custody report

8. Bil is abusive to Mary. If he does not get his way, he throws a temper tantrum, she said, adding Mary is afraid of Bills anger.

9. Tom is used as a pawn to get to Mary.

10. Bill is very angry and Tom is afraid of him Karen stated Bill uses the kids as spies against Mary.


Asked on 9/20/05, 10:39 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: Libel

The tactic of false abuse charges has become the weapon of choice in child custody matters. When World War II ended, the vets returned home to ticker tape parades. When I returned from the Persian Gulf, I returned to a restraining order.

There are some rules that govern your case that you should be aware of. First, DCFS workers have absolute immunity, even if the County knows they have gone insane, and you cannot sue the DCFS worker, no matter what.

Second, you cannot sue your ex for family law matters, even though they involve fraud.

Third, there is a relatively new motion that is floating around called a special motion to strike (SLAPP). This comes from New Zealand, where the men are men, and the sheep are nervous.

If you file a libel suit against this woman, who cannot be the social worker or your ex, she may file a SLAPP motion. This is basically an inverted motion for summary judgment at the outset.

The party opposing the SLAPP motion must submit evidence that would win a summary judgment motion. You must have all of your ducks in a row an the outset.

So the short answer to your question is yes, you can sue this third party (Karen), but it can be a tough road to hoe.

Very truly yours,

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Answered on 10/03/05, 7:29 pm


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