Legal Question in Family Law in Idaho
False Court Order
What remedy does one ask for in a case where a person from a State Agency who on the stand, under oath states and causes a Judge to make a Court Order that says that the respondent must physically meet with a specific person by name and place. But you find out that this specified person does not even exist? And the person from the State Agency under oath claimed to have spoke with this person before hand.How can respondent comply with an order that is impossible to fullfill? And that non-compliance with said order can cause an action of parental termination. Not only that but be held in contempt for non-compliance and possibly jailed? How do you show proof of a person's non-existance?
1 Answer from Attorneys
Re: False Court Order
You do not need to prove a person's non-existance. Most likely there has been some mistake rather than some sort of false testimony and you need to act in good faith with the court's order. There are several approaches you need to take:
1. If you have been ordered to show up at a specific palace and time to meet with this person, then show up- you will have a partial defense of having tried to obey the order.
2. Since you suspect that the person you have been ordered to meet with does not exist you must also make an effort to determine who you should meet with. If there has been a simple mistake such a technicality will not excuse you from obeying the court's order.
You will need to first contact the state agency, preferably in writing and by certified mail, and ask for the contact information of the person named in the order. If they do not respond within 10 business days of receipt of the letter you should submit a formal discovery request to the ageny.
If time is short for compling with the order you can, citing your efforts and inability to locate/contact the individual, move the court for a more definitive or clairified order.
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