lying on a PPO affidavit

[asof2005]

My husband just won in court on August 28th to keep his children in their current school district.  My husband's schedule is Saturday 10am-2pm through Tuesday when he drops them back at mom's at about 7:30pm.  This has been their schedule for more than 4 years.  August 29th, BM would not let the children leave with him and both BM and my husband called the cops.  There is no visitation order so the cops couldnt make the kids come with my husband.  That same day BM"S husband threatened my husband and put his fist up to him without actually striking.  He has done this type of stuff in the past. 

Tuesday BM came to pick up the boys early.  My husband said no, its not time.  She told him she would hold him in contempt of court (which she cant do, no order).  Later that night my husband called her to say she could pick them up, she refused.

Wednesday we took the boys to their school;s open house.  She called and said if we arent at home at 5:15 she is calling for kidnapping.  He told her we were at the open house and it could be 5:15 or 5:45.  She got pissed and hung up.  We arrived home at 5:25, she was not there waiting.  No one would answer any of their phone numbers.  Scott called the cops to ask what he should do since he was afraid of her husband making conflict if he went over there.  The police said he has done nothing wrong and that he should not bring them over.  Finally the oldest son got a hold of BM and she said she wasnt going to pick them up.

She picked them up on Thursday morning with no incident.

Today, Friday, she has served him with a PPO.  It says stalking and that she is afraid of him.  She lies on almost every statement on this form.  Her husband also made a statement and lied too.  We can prove some of the details, she cannot prove any of them.  It is illegal to lie on an affidavit, correct?  What can we do about this?  My husband made a complaint against the husband months ago and on Wednesday when he called the police he told that officer he had been threatened.  BM and husband are saying that we are doing it.  Can we prove that she is lying?  OR that she is doing this because she is mad and trying to get back at him?

[MixedBag]

o.k., you leave me a bit confused.

No PARENTING time order?  So dad and mom have been cooperating UNTIL Mom lost this last round in court which was  to move the kids to a different school?

My guess would be that IF Mom goes one more week of not doing what they have been doing, dad needs to file a "Motion for Clarification" so that parenting time can be defined and set in an order.

I wouldn't go for contempt -- because you said "NO visitation order" -- so if there's no order, she can't be found in violation of an order.

And in dad's motion for clarification to define parenting time, DAD will say "this is how it has been from X to Y, which is until the court decided in favor of keeping the children in the same school."

As for the PPO -- I just faced this too.  EX#2 lied and geez, he keeps saying that I lie and wants me to be fined.  We shall see how this all turns out in court because I'm not lying.

But back to the PPO....When I was served with it, I was also given a court hearing date.  Until then I had to abide by the order signed by the lower court.   At the hearing, his request to make it permanent was denied.  His lies and the rest of the truth was exposed.

So -- I would start asking the courts if there is a hearing set and what does the PPO REALLY mean.

I would also suggest that you consider filing a PPO yourself -- mutual PPO -- and then when parenting time gets defined, suggest/ask for neutral exchange locations that are under a video surveillance camera.  You might even be able to get this ordered when/if there is a hearing for the PPO.

Good luck! 

[asof2005]

In response to mixedbag

"No PARENTING time order?  So dad and mom have been cooperating UNTIL Mom lost this last round in court which was  to move the kids to a different school?"

that is correct, their schedule has gone on without much incident for 4 straight years, and during their breakups the previous 3.


"I wouldn't go for contempt -- because you said "NO visitation order" -- so if there's no order, she can't be found in violation of an order."

no, SHE said she was trying to go for contempt.  along with threatening about kidnapping, her accusations kept coming, we know she is trying to get him to DO something so they have something bad on him.



"But back to the PPO....When I was served with it, I was also given a court hearing date.  Until then I had to abide by the order signed by the lower court.   At the hearing, his request to make it permanent was denied.  His lies and the rest of the truth was exposed."

She did it ex parte, and got it on wednesday (a day she refused to pick up the kids) and on thursday she was here and didnt serve it.  convient we didnt get it until friday at 9pm, right before a long weekend.  it says that my husband can get a hearing on it at the bottom of the page and he has 14 days to do so, so by tuesday that is more like 10 days, we know she waited on purpose so that he wouldnt have time to go file before the weekend, and right before he is supposed to get the boys back.



"I would also suggest that you consider filing a PPO yourself -- mutual PPO -- and then when parenting time gets defined, suggest/ask for neutral exchange locations that are under a video surveillance camera.  You might even be able to get this ordered when/if there is a hearing for the PPO."

interesting you say that, when my husband called the police wednesday night, saying he didnt want to go drop them off because he has been threatened by her husband, the officer said to call friend of court in the morning.  He did so and she told them they will file a paper in his case about the past weeks incidents.  he wrote about what happened, then he also wrote that he would like a neutral meeting spot.  he made that paper work out almost 12 hours before he was served the ppo, can this help prove that she is the one lying?  and why would scott call the police on the way to her house saying he was afraid of conflict?  and why would he call the police on wednesday when she wouldnt pick the kids up?  if he was really threatening her so much that she is scared for her life, why would he call the police and ask their advice?  to us it is obvious that she is trying to get him in trouble because of the court loss.

[ocean]

Request a hearing....and fight the PPO, just explain what happened and that you will be dealing with new pick-up rules in family court. If this is in family court, ask for it to be dropped and put into place a differnet drop off plan like something below...

If it is not in family court, go to family court and request detailed visitation plan so it is enforceable and have drop offs at the street and that the adults will stay inside house/car.

Whenever you call the police, Get a Report...always!! This is your evidence even if you dont think you need it at the time. Tell them what happened and have them write it up. Stick it in your file. If anyone harasses you/him call the police and press charges.

Do you have to pick kids up next? If you do, ask for police to be there...that there is a current PPO in place and that you had to call them the last time at the exchange.

[MixedBag]

if it's dependent on Dad getting a hearing set, then be there Tuesday morning and request one.

AND at the same time, file a Motion for Clarification AND make up time for the time missed with the children -- ask for an additional day to each normal period of time that dad and the kids used to have until the time is made up. 

My EX#2 also conveniently filed the day AFTER he was supposed to ensure our son was coming back on a plane...

And I'll repeat -- LOST in court when the hearing happened to put it in place for a longer period of time.

I filed a "Motion for Contempt" on the same day -- but I'm not "there" -- long distance -- it was mailed out the same day.  We have yet to have our hearing for my motion, but that's happening in just over a month.  Was supposed to happen in August, but that hearing got delayed.

So....

EX#2 did something very similar back a few years ago (I believe it was 2005).  He was supposed to send our son back, didn't.  So I filed a Motion for Contempt (airline ticket bought -- so the return date was CLEAR), and he answered with an "Emergency Motion" to suspend visitation or something close.   Judge was not too happy with him.....and of course, I'm hoping that the judge isn't too happy with him this time either (different newly elected judge).

While I wish there was another avenue to solve this problem, when it comes to messing with a child's time with the other parent, you as a parent (Dad or Mom) are left with no choice but to go to the judge and say "FOUL PLAY" -- until there's cooperation and respect for the orders in place.