What can I do if my ex made false accusations on a friend of court document about my husband and me? 5 Answers as of February 16, 2015

My ex an I had a previous arrangement for my daughter. Recently he decided to file a motion to change it. Well today my husband and I went and got the motion he filed for my lawyer. We seen he made many false accusations about me and my husband. He said awful things like I choke her and my husband touches her in her sleep which are both false. And I would never let any of that happen. Obviously since he doesn't come get them on his days just the weekend when it is convenient for him. So my question is can we press charges?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel. Generally speaking, if a person makes false allegations under oath, they could be charged with perjury or other possible criminal charges. Further, a witness engaged in that type of alleged behavior could be held in contempt-of-court as well. However, proving that a person made the statements while they are knowingly false makes these types of charges complicated to prove beyond a reasonable doubt. Further, if the allegations were made in the context of a pending family-law matter, law-enforcement may be less inclined to be involved and may prefer to defer to the courts. Unfortunately, during custody disputes and divorce proceedings, the respective parties may make fairly serious allegations against each-other. Law-enforcement may need to ultimately step in; however, proving falsity and that the statement was knowingly false when the witness testified may be especially challenging unless thoroughly documented with evidence. Further, alleging that someone committed perjury carries risks for the accuser in a pending divorce/custody matter. What people say or do in a pending divorce/custody matter could be used against them by Child Protective Services, the Friend of the Court, a local prosecuting attorney, or the adverse party in a family-law related proceeding or even a civil claim. Perjury is a very serious accusation and any efforts to pursue this issue should only be done in close coordination with a person's lawyer and their trial strategy. To put it simply, consult with a lawyer if a party wishes to accuse another party of perjury during a pending divorce or custody dispute.
Answer Applies to: Michigan
Replied: 2/16/2015
Michael Breczinski
Michael Breczinski | Michael Breczinski
If you can prove that his statements, under oath, are false then you can try to pursue perjury charges.
Answer Applies to: Michigan
Replied: 12/22/2014
Hamblin Law Office | Sally Hamblin
You mentioned a lawyer with whom you need to speak with and work with. If you were not implying your lawyer, then it is suggested you speak to one in your town.
Answer Applies to: Michigan
Replied: 12/17/2014
Dennis John Woods, Attorney at Law | Dennis John Woods
He has to prove the allegations. Apparently he can't. If it is very obvious you might want to consider going to the police dept. where you live and filing charges against him for filing a false report but it is unlikely that the police will react to it. If it is very strong you might consider filing a libel suit against him. That would be my choice.
Answer Applies to: Michigan
Replied: 12/17/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Generally not, you will have to defend yourselves. You have an attorney, use them.
Answer Applies to: Michigan
Replied: 12/17/2014
Click to View More Answers: