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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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During my Dads divoice hearing, his soon to be ex and at least

Customer Question

During my Dad's divoice hearing, his soon to be ex and at least one of her children lied about activities against them by my dad. The judge asked her if she could prove such claims No she answered. My Father was not expecting to be lied about and of course could not have been prepared to defend against any lies. The judges believed the liars and ordered a 12K lean placed on his property and ordered him to pay $300.00 monthly spousal maintainence (odd esp. since they had been seperated for 15 years).     He cannot afford such a payment and the lean on his house is very upsettng. My Dad was lied about in open court, my dad delcared to the judge that none of what was said about him was true. He could not provide the evidence because he did not know what lies they would say, only we all knew they would lie, in order to derive a financial gain. I hired an attorney to haul the liars back to court, nothing came of it. What options does the victim of such blatant lies have?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- The only option would be to file an appeal of the decision. Your father should have asked for a continuance at the time of trial in order to present rebuttal witnesses due to the unexpected testimony form the other side. In any case like this it is important to follow proper legal procedure.

 

If your Dad didn't file the proper appeals or motions he may be beyond the time limit allowed by law, usually 30 days from date of judgment. His only recourse then would be for a motion to vacate based on new evidence or that a fraud was committed upon the court due to perjury on the part of the ex.

 

In any event he will definitely need legal counsel if he has any hopes of getting a reversal. It is never easy to get a court decision overturned and especially if the time for an appeal has passed.

 

David Kennett - JD - Attorney at Law

Dave Kennett and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
My Dad was told by his attorney, nothing could be done and basically told him not to discuss the issue further with him and the attorney wanted nothig further to do with the case, odds are the attorney believed the liars as well, if so he would believe my Dad to be a monster based on the lies said in court.

Had the court required proof of the claims as is required this would not have gone this way, however courts seldom require proof of claims, which seems odd and counter produtctive.

We need a court order to gain access to the evidence to prove they in fact lied.
Expert:  Dave Kennett replied 7 years ago.

You may have a valid suit for attorney misconduct or malpractice if your Dad's attorney did not inform him of his right to appeal. In any event you will need an attorney to assist your Dad in preparing the necessary documents to file in court. The sooner he takes action the better his chances are.

 

Dave

Dave Kennett and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Has been over a year since we tried to do something with another attorney, she said she would try another tact, but never heard from her again, naturally she sent the bill.

Attorney misconduct sad to say is the norm around here, there is no will to put an end to such either.

As far as 'chances' as far as I know there is no statute of limitations on perjury.

We understand that perjury is permitted by most judges (have documented that many times in my expeiences)the person wronged must prove the perjury before a court will act, even then most courts will not prosecute those found to commit perjury, which then makes a mockery of the entire system.

I want the lairs in court to face perjury charges, the perjury would be easy to prove with access to the medical records. We then want the lean removed and and end to $300.00 a month payment to the liar (which Dad cannot afford on Social Security) and it is morally wrong to pay a liar one cent.
Expert:  Dave Kennett replied 7 years ago.

I understand and that is why you need to get a new attorney to handle all of this. If you wait too long you will not even be able to sue the first attorney. Perjury is a tough to prove in any case and the longer you wait on that the less your chances will become.

 

Dave

Dave Kennett and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Dave,
I appreciate your time! However, I disagree that perjury is tough to prove, esp. when certain claims are made as to which, in this case ,medical evidence exist to prove the perjury.

She claimed she had to have a lung removed claiming my Dad threw her across the bed and landed on bed post! Absured! That never happened, she was in fact at least a 2 pack a day smoker and had been for 30 plus years, meical records would prove her lie, a lie which led to the lean etc.

Also claimed my Dad beat her youngest son so severly that afterwards he had mental and learning disabilities! Absurd! She had 4 children by her first husband, (her first cousin) and all have health issues due to that fact. My Dad had never hurt her kids much less caused a child to become disabled as claimed. Again medical evidence exist to prove the lies.

Perjury is very easy to prove, for there always exist the truth to prove the lies, the obstacle to proving perjury is the courts themselves.

Lawyers should be the last people to give up on the truth, without truth we have nothing in court or out. Truth is not valued as it once was.

Have a good day!
Expert:  Dave Kennett replied 7 years ago.

I'm not giving up or telling you to. I just know how twisted testimony can become and how liars are able to cover their tracks. If you have the proof and can get the matter before the court that's great. I have just learned during my 25+ years in this business that nothing is a sure thing when you are in court..

 

Dave

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