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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3426
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Last year, my wifes ex-husband won primary custody in California

Resolved Question:

Last year, my wife's ex-husband won primary custody in California court. From the text of the judge's decision, the deciding factor was the ex-husband's testimony (and his lawyer's assertions) that my wife had delegated co-parenting to me (which was not true). He recently wrote me an email in which he demonstrates having known that I was only a "conduit for communication," and not entrusted with co-parenting responsibilities. Does this amount to perjury? If so, how should we handle the situation? Should we contact a district attorney? Should we notify the court in which the perjury was committed? We don't really want him in jail, but he has caused us and their children enormous misery, and the children remain very upset about the custody arrangement.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 5 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Customer:

Hello.

Michael J, Esq. :

This situation really isn't fit for a perjury case. Perjury has to be proven beyond a reasonable doubt, and it will most likely not be able to be proven that the ex-husband is guilty of perjury from something he said afterward in an email.

Customer:

Even if he refers to the period prior to the court hearings, referring to the meetings which he and his lawyer used to make their case?

Michael J, Esq. :

In my opinion, yes. My answer stands. This isn't the type of case a district attorney would even take on. Stuff like this is meant to be handled in the civil realm. I suggest you get a second opinion, and you can also simply attempt to file charges, but I will wager that they won't accept them.

Customer:

We are planning to request a new set of hearings with the same judge, based on changes in circumstances. How would you expect the court to react to us presenting this email as evidence that the court's first decision was based on a false representation?

Michael J, Esq. :

It would go much farther in that type of proceeding than in a criminal one. Use whatever you can!

Customer:

Thank you. I was hoping we could really nail the ext and almost force the judge to reconsider, but at least we might have a better chance of getting the judge angry at the ex, which could only help us.

Michael J, Esq. :

Right. Might as well try. Is there anything else I can help you with?

Customer:

Since you ask...He has also submitted some of his financial papers (though, in violation of a subpoena, not all of them), which point to likely tax fraud. I'm a law-and-order kind of guy, and I'm feeling a civic duty to report this to the IRS via their form (3949a). Am I allowed to use papers he submitted as part of a child support proceeding to support my filing with the IRS?

Michael J, Esq. :

I'm not a tax guy - gonna have to ask a tax attorney or your accountant. :)

Michael J, Esq. :

Sorry.

Customer:

OK. Thanks. I think that covers it for now.

Michael J, Esq. :

I wish you the best. Don't forget to press ACCEPT if I was helpful. :)

Customer:

Yes, I will. Good-bye.

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