Question about slander in court.?

30/10/2010 admin 4 comments

Short version- My nephew’s father took him for a weekend, he didn’t bring him back and during the weekend he had him took him he called a friend of his ( a judge, the father is a cop) and got a custody order and child support on a saturday morning of all times. He claimed on the record that everyone in the mother’s family were felons, criminals, drug addicts, and drug dealers. One person in our family had a felony conviction that is over 15 years old but that is all. The mother has already been given custody in our county after a year of this nonsense .
The father went to the next county to get this order.
We have all pitched in everything we have to help her get her son back but we want to know what to do about this slander thing, he strait out lied in court and no one was there to defend themselves. No one knew about the court hearing but the judge and the father.
Any advice about any of this would be helpful. We are in Texas if that helps
The way we found out was a process server came to her house and handed her the papers. The father hasn’t made contact.
We have all pooled our money and will get the best lawyer we can to help her get her son back.

SON'S DRUG ABUSE QUESTIONS about, court, question, slander

Comments

Written by laughter_every_day about 2 years ago.

There are things that can be done but slander is not the way. First, everything said in court is privileged and cannot be the basis of a slander suit. Second, a successful suit get you a judgment for money but does not get the kid.
Written by evilattorney about 2 years ago.

It’s not slander. It’s perjury. Moreover, it appears that the mother was never served with process for this hearing. It’s doubtful that the court in the other county actually had jurisdiction.

The mother needs a lawyer. This is not a DIY matter.
Written by Ben about 2 years ago.

There are several things wrong with this story. No sane judge is going to listen to one side of a custody dispute, render a custody order and child support on Saturday outside the courtroom where there no record and no witnesses. Furthermore, a judge can only issue orders for cases he has jurisdiction over, not cases in another county.

I would suggest to you that your nephew’s father is not telling the truth or if so, something very unethical has taken place and the judge is involved up to the collar of his robes. Ask to see documentation for what he says. Of course, he will not be able to do that. Get an attorney. If your account is accurate,the man is bold, reckless, a liar , and may have involved the judge in something that is unethical at the very least and criminal at the most.
Written by wendy c about 2 years ago.

all I can tell Ben is that he sure does not live in Texas. I would actually suspect that they must live in a certain county where the same thing was done to SOMEONE I KNOW.
An emergency order can be given, if the person requesting the order CLAIMS THAT THE CHILD IS IN DANGER, and thus “cannot wait”. The child in my situation was in NO danger whatsoever. I won’t go into the list of blatant lies that were made.. including a relative in law enforcement who willfully left out material evidence that would have shown his mother was lying to the court.
Interesting that a cop being a family member was involved. It is ASSUMED that someone in law enforcement has an extra degree of liability to insure that they do not make false claims. So.. their “word” is given more weight… which is abuse of power, if he was involved in any way.
Your friend has the legal right within a certain number of days to dispute the charges made, and prove that they were lies. Part of this would be that there is already a court order in place, and that court record was ignored (including any/all evidence) in order to “fool” the judge. UNLESS THE CHILD WAS IN IMMINENT DANGER..there was no reason for any exparte hearing (one without the other party present).
The strange part is that no, it cannot be termed slander.. a court case is “immune” from slander charges, in order to prevent persons from being afraid of retaliation for testimony.
If there is any one message I hope you will convey to this mom..
DO NOT GIVE IN TO FALSE INFORMATION. FIGHT WITH EVERYTHING YOU HAVE, AND THEN SOME.

How Do I Get My Son Off Drugs?

Question about slander in court.?

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