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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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A home study was done by an social worker who clearly had a

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A home study was done by an social worker who clearly had a bias in my Ex's favor to the extent my attorney was going to motion the court to have the evaluator dismissed. After doing my Affidavit my attorney waited to long to file it. The evaluator emailed
the parties and stated there should be no change in custody as my Ex had filed.The evaluator learned about the effort to have her dismissed between the time between the 'evaluation conference' and the time she wrote up an optional report. The report was to
contain what she said in the conference. After I confronted the evaluator by email with the evidence of her working with my Ex in a bias manner and assisting my Ex with information, the evaluator made no reply. We just received a copy of the report and it
is clear the evaluator was attacking me. Using just parts of the email to prejudiced the court. She makes comments that seemed to be slander and a misrepresentation of the truth. For example, the evaluator states that I would obviously be the parent causing
friction in the relationship as I had send her 40 emails. Please trust me when I say it is my Ex causing the trouble and the 40 emails where by the evaluators request. She had requested information on dozens of issues and then when she was done, later emailed
me asking for additional evidence. All in all, her request for information required about 40 emails but she does not say in her report she had requested then and there would have been about an equal number of documents my Ex would have sent. The evaluator
not mention that fact, makes it read as though I was harassing the evaluator with 40 emails. Then the evaluator states regarding the emails "the Resonant has a compulsion to be heard" and "shows he would be difficult to co-parent with." The document is full
of these kind of misrepresentations. The document is not submitted as an Affidavit and she is not an officer of the court os Q1. Does rule 11 apply? Q2. Can she be sanctioned by the court? Q3. Since it not an Affidavit, would that mean there would be no perjury?
Q4. Do the criminal law of my state apply to statements of defamation? (1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any
other living person to public hatred, contempt, or ridicule. Q5. What can be done with her mean spirited report? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
A home study was done by an social worker who clearly had a bias in my Ex's favor to the extent my attorney was going to motion the court to have the evaluator dismissed. After doing my Affidavit my attorney waited to long to file it. The evaluator emailed
the parties and stated there should be no change in custody as my Ex had filed.The evaluator learned about the effort to have her dismissed between the time between the 'evaluation conference' and the time she wrote up an optional report. The report was to
contain what she said in the conference. After I confronted the evaluator by email with the evidence of her working with my Ex in a bias manner and assisting my Ex with information, the evaluator made no reply. We just received a copy of the report and it
is clear the evaluator was attacking me. Using just parts of the email to prejudiced the court. She makes comments that seemed to be slander and a misrepresentation of the truth. For example, the evaluator states that I would obviously be the parent causing
friction in the relationship as I had send her 40 emails. Please trust me when I say it is my Ex causing the trouble and the 40 emails where by the evaluators request. She had requested information on dozens of issues and then when she was done, later emailed
me asking for additional evidence. All in all, her request for information required about 40 emails but she does not say in her report she had requested then and there would have been about an equal number of documents my Ex would have sent. The evaluator
not mention that fact, makes it read as though I was harassing the evaluator with 40 emails. Then the evaluator states regarding the emails "the Resonant has a compulsion to be heard" and "shows he would be difficult to co-parent with." The document is full
of these kind of misrepresentations. The document is not submitted as an Affidavit and she is not an officer of the court os Q1. Does rule 11 apply?

Response 1: Yes. Rule 11 applies to anyone filing documents with the Court:
https://www.utcourts.gov/resources/rules/urcp/urcp011.html
Q2. Can she be sanctioned by the court?
Response 2: Yes.
Q3. Since it not an Affidavit, would that mean there would be no perjury?
Response 3: Technically, yes. However, she can still be sanctioned for committing fraud on the Court if she intentionally misled the Court.
Q4. Do the criminal law of my state apply to statements of defamation? (1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any
other living person to public hatred, contempt, or ridicule.

Response 4: Yes.
Q5. What can be done with her mean spirited report? Thanks
Response 5: File complaint against her with the Court and ask for sanctions.