Q: If a respondent asks family members to write a declaration and it is full of lies, what consequences if any are there?
In a custody modification case, the respondent had their sibling, new partner, and friend submit declarations that all followed a similar theme, portraying the peritioner in the most negative light possible. However, factual evidence contradicts many of their claims. Could there be legal repercussions if their declarations are found to go against the best interests of the child?
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A:
In a custody modification case, if declarations submitted by family members, partners, or friends are found to contain false statements, there could be serious consequences. Family courts prioritize the best interests of the child, and providing false information can damage credibility. If it is proven that the declarations are filled with lies or intentionally misleading, the court may disregard them entirely.
Perjury, or lying under oath, is a criminal offense. If the court determines that the individuals who wrote the declarations knowingly lied, they could face penalties such as fines or even criminal charges. This could also negatively impact the respondent's case, as the judge may view these actions as an attempt to manipulate the court.
It's essential to gather factual evidence that contradicts these false claims and present it to the court. This evidence can help show the court that these declarations are not reliable and could harm the child’s best interests. You may want to consult with your attorney to discuss strategies for exposing these false statements and ensuring the court makes a decision based on truthful and accurate information.
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