SPARC Forums

CA hearing coming March 6th

Completed 730 Evalution January 15th stipulated to add "more time" on the children's schedules ages 14 and 9 - father had been absentee. On the very first time he exercises the additional time he makes daughter write a letter full of fabrications.

730 determined that Dad's accusations were false and father was told to stop campaign of telling the children that Mom is dangerous psycho and for Dad to stop. Instead Dad escalates.

I can prove  he is lying for the purposes of 1. getting $ and 2. obtaining some sense of vengence. I have stable job 20 years, high income earner, no history of any mental problems, numerous character references as to being a great Mom...

Can I sue him for deffamation of character or slander?

What would I need to provide?

>I can prove  he is lying for the purposes of 1. getting $ and
>2. obtaining some sense of vengence. I have stable job 20
>years, high income earner, no history of any mental problems,
>numerous character references as to being a great Mom...
>
>Can I sue him for deffamation of character or slander?

The custody eval is inadmissible in any other legal action. In fact, if you were to remove a copy of the eval, from the control the family court that would be a FELONY.

So, do you have any independent evidence of the claimed defamation?

Defamation is a (1) false (2) statement (3) of and concerning plaintiff (4) communicated to a third party (5) and causing damages.

>What would I need to provide?

Proof of the five elements, above stated. Win or lose, in a defamation action, you must pay your own attorney fees. So if you lose, you will be out significant cash. And, if you win, your attorney fees may overwhelm your recovery.

So, you need really good damages, and the defendant must have the money to pay them. Because, if you win and he can't pay, then you have completely wasted your time.

You know what they say about revenge? Get ready to dig two graves.