Any way to give message to biomom about on-going libel and/or false light?

[DecentDad]

Soc,

Biomom responded to my OSC to Modify Support, mostly argued about what a SOB I am and bad father.  Her only relevant argument against income imputation was Cheriton (which you've previously discredited, so I have that).

As most reasonable people (who are devoted parents) would be, I'm distressed by her constant, broken record allegations that have no foundation in truth and constantly say how I'm unfit, hostile, etc.

In her response this time, she writes that "he locks up child in a dark room, refusing even a night light."

In 2004, she recorded a conversation between her and our (then 3 year old) daughter, in which she led daughter through saying that I lock her up.  She gave audio recording to the custody evaluator.

A) After audio recording appeared, I immediately took and passed a polygraph saying I've never locked daughter in any room.  Biomom, in deposition about the polygraph results, charged that I'm so disturbed that I can beat a polygraph.

B) Custody evaluator (clinical psychologist) in his report concluded that the audio recording was a reflection of child engaged in imagination (e.g., on the recording, child says that a spider finds the key, unlocks the door, and they drive away together).  Evaluator noted that none of the interior doors in my home have locks.

C) In deposition, biomom previously said she wasn't sure if what daughter says is true, but she thinks that it is.  Now, in her responsive declaration, she's stating it as fact without any caveat.



1.  Any action I can take that will give biomom the message to knock off the constant allegations?

2.  Will court care about all those things at the OSC to Modify Support, or can I just say that her allegations - though unfounded - really have no relevance in the instant action?

Thanks,
DD

[socrateaser]

>1.  Any action I can take that will give biomom the message to
>knock off the constant allegations?

I wouldn't bother. Just keep track. Maybe she will really mess up and you can sue her for defamation.

>
>2.  Will court care about all those things at the OSC to
>Modify Support, or can I just say that her allegations -
>though unfounded - really have no relevance in the instant
>action?

 I would merely state that this issue was addressed during the custody eval, and if she has new evidence of problem, then she should file a complaint with DHHS, and move for a new custody hearing or for contempt, but that the issue is irrelevant and imaterial for the purposes of calculating child support.

[DecentDad]

What would constitute "really messing up"?

Causing me loss of liberty, loss of custodial time with daughter?

Thanks on the tip for responding in court.

DD

[socrateaser]

>What would constitute "really messing up"?

Completely false report of abuse to DHHS.

>
>Causing me loss of liberty, loss of custodial time with
>daughter?

Well, sure, a false report to the sheriff or LAPD that caused you to be arrested and incarcerated and then released would definitely do it.

[DecentDad]

In 2001 on completely false report made to 911.  I spent 24 hours in jail.

D.A. dropped charges prior to arraignment, and I passed a polygraph about the accusation.

Too old to use as the primary complaint, coupled with the more recent stuff that have had no damage other than emotional?

[socrateaser]

>In 2001 on completely false report made to 911.  I spent 24
>hours in jail.
>
>D.A. dropped charges prior to arraignment, and I passed a
>polygraph about the accusation.
>
>Too old to use as the primary complaint, coupled with the more
>recent stuff that have had no damage other than emotional?

I don't know. Finding the witnesses and having them remember what took place would be the threshold factual problem. Better to have fresh meat.

[DecentDad]

.

[leftoverinmn]

What are the legal grounds for defamation?

How would she have to really mess up?

What needs to be proved?

What can one sue for?

I have a friend who's father is dealing with false accusations of sexual abuse regarding his grand-daughter.

[socrateaser]

I only answer questions based on stated facts. If you post the facts, I will tell you what the legal possibilities are. One may be defamation -- or, it may not. But, without the facts, I have no idea.