Legal Question in Family Law in Oklahoma
Answers on Application For Emergency Temp Order
What can be done about false information? On the ex-wife's Answers to Application for Emergency Temporary orders she stated my husband and I have a child with Down Syndrom living in our home. And her son who is ADD could harm this child, so custody of their son should not be awarded to my husband. We do not have a DS child. We have a son who has a speech problem but that's it. How can someone get away with making false statements like this? Especially when at the last trial my son's speech problem was discussed. It's in the transcript so it's not like she doesn't have any knowledge of my son's problem. She's also stated there are alligations of abuse upon her daughter by me during her visits. (6 years of being in this childs life with no problems and all of a sudden, during a custody battle, I'm accused of abusing this child.) Is there anything I can do about this false information or is this person just allowed to say anything she wants and get away with it?
1 Answer from Attorneys
Re: Answers on Application For Emergency Temp Order
Thank you for your question. As a general rule the law recognizes as privileged communication, that which is said or written in court related pleadings and proceedings. This privilege tends to protect against civil law suits. In the criminal realm however, statements which are false and given under oath can be prosecuted as perjury. However, I would venture to say that getting a District Attorney to prosecute someone who has perjured themselves in a domestic relations case would nigh on impossible.
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