Legal Question in Family Law in Washington
1st Action = ex-parte filed by husband
My husband filed an ex-parte decl. and restrain order (me from him),as a 1st action,and requested custody. The kids (13,11)had been living with me. I had no lawyer & requested a continuance(denied). My X inlisted MY parents,(live out-of-state),(who he was manipulating)to provide him with a decl. in his favor. My X filled his decl. with(lies)to make me sound ''unstable''. ******The judge ordered me to have no contact with my kids for 2 weeks and removed them from my home. Then, with no allegations of violence against me, I was given supervised visits pending a family evaluation. I was not given a chance to speak at either hearing.
Besides the Ex-parte, His lawyer used these tactics:
1. Faxed his ''response'' to my resp.(filled with new allegations)at 4:50pm to my NEW lawyer.(I never saw it).
2. Lied to the judge about facts, evidence and rulings from our previous case(dropped after his arrest for DUI(.2)and INJURY TO CHILD(X2)while on vacation with the kids).(sent to foster care for 2 days).
Q. What is the criteria for getting an ex-parte custody displacement and what is the standard of proof?
Q. What can be done about an attorney who lies to the judge?
1 Answer from Attorneys
Re: 1st Action = ex-parte filed by husband
You apparently have a lawyer representing you and it woul dbe unethical for me to interfere with that relationship by giving you any advice, even free advice on this BBS system. You should consult with your present attorney about these matters. Your scenario has been happening more frequently in recent years as people get more and more adversarial and contentious regarding child custody issues.
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