QUESTION
Is bringing perjury charges against the father of the my children actionable after lying on the ex parte he filed and well as statements in court
Asked on Aug 23rd, 2016 on Child Custody - New Hampshire
More details to this question:
i recently voluntary went to an in patient mental wellness clinic. After getting some help and being discharged the father of my children filed an ex parte against me as i had custody of the children claiming the children were in danger based on information he was told from the wellness clinic 2 days after my discharged. We are not married and due to HIPPA regulations the wellness clinic stated they could not give out any information or even admit i was there so the basis of the ex parte was falsified as well as the statement he made at the ex parte hearing 5 days later. In the Statement he said that he had called the wellness "i called the hospital and asked if i should fear for the kids safety, they said yes" this called was made at 9 pm when there were none of the doctors available that i worked with at the wellness center
1 ANSWER
You can try and address the issue with the court in which he made the false statements. If you do complain to the judge, he or she may want to review your records from the clinic. The judge can refer the case to the county attorney but that does not happen often. You can file a complaint with the police yourself but the police often refer such complaints back to the court in which the false statements were made. If the police do pursue charges, the judge may be bothered that you are using the criminal process and not addressing the issue with her/him. Best wishes.
Answered on Aug 25th, 2016 at 5:53 AM