Q: What legal recourse is available to stop harassment and false accusations in a contentious divorce, child custody case?
I am inquiring on behalf of my nephew who is repeatedly brought to court by his ex wife on issues that she has exaggerated and in some cases are completely false. She has the financial resources to engage her lawyer at will. My nephew does not - he has wiped out his 401k, savings and borrowed heavily to be able to continue to see his children. It's not unusual for him to show up for a court appearance only to learn that his ex has decided to drop the charges. When does the court consider the ex's behavior harassment and order her to stop? What are the circumstances when his lawyer can/will counter charge her with harassment? if that's an option, what are the consequences to her? His children are certainly suffering in this mess, he has recently won a judgement in which she is required to allow the children to be with according to the custody agreement and also spend additional time with his oldest child.They have been divorces for 6+ years.
A: This may form the basis of a motion for sanctions for abuse of process. He may need a more aggressive and savvy lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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