Question on Perjury?

[AggieMom]

Howdy Soc,

State: Texas

I need you opinion on this as well as your expertise.  

DH filed a motion for an Ex Parte emergency hearing for change of custody due to the CP being arrested for kidnapping.   Later reduced to child endangerment related offenses with 4 years probation. She served about two months in jail.  

Motion Denied: Investigation Pending

The same day my DH filed his motion for custody, the maternal grandparents filed a TRO against DH and for full custody of his daughter.  


Order the GP'S filed specifically states:

     Petitioner: Grandma's name and Grandpa's name , 123 America, Texas.                         

     Respondent: Bio-father's name, 124 America, Texas.

Relation to Dependent

Petitioner and Respondent were never married but are the said parents of daughter, based on a paternity test rendered on June 25, 2003.


Then it goes on to list the reason's they have filed for the restraining order (proved in court to be hearsay and out right lies).  

The GP's signed a paragraph stating that every thing that they listed in the document is true and fact, then had it notarized and filed with the courts.


The only thing is, the bio-mother was never listed as the petitioner.  The bio-mom and DH never had a paternity test done that year (done in 2001) and my DH sure as fire did not sleep with the grandma to create this child.  

The Judge called for an emergency hearing based on all the paperwork being filed for this child to hear all sides and to see what was going on.   Grandma is very young looking and I believe the Judge actually thought she was the mother based on this
information and her looks (age 37).  Until later in the hearing during the Grandma's testimony the Judge said "wait a minute you're the grandmother -- then you Ms. Atty. have a threshold to cross and based on the evidence presented you have not done that as to why this bio-father can not raise this child with his wife." He also reminded the attys. what the Texas Family Codes said about their opinion of who needs to raise a child and then made the following Ruling.

Ruling at Ex Parte Emergency Hearing: Temp Sole Managing Conser.  goes to Father, but because the child lived with the mother at the residence of the GP's you can get standard visitation until the final hearing is set and mom is charged and sentenced.  

We never saw this document until last month when I went down to the court house and requested every single document ever filed on this case.  Our Atty. thinks it was just a mistake on their part and not perjury---knowing these grandparents----I highly doubt they did not know what they were doing in order to railroad their own daughter and get her out of the picture permantently (which is what most feel, in their opinion, is the reason for Grandmother doing all of the things she continues to do to make bio-mom look bad.)

My Questions are:

1. Is the TRO document proof of perjury on the GP's part since they were not the parents and there was no paternity test rendered ever between grandma and father?

2. If it was perjury, what is your opinion on whether the grandparents knew they was committing perjury when they and their lawyer drew up this document? Could it have been a mistake on their part or the attorney?

3. Can we use this document against them in the final hearing to show how the GP's lie and manipulate every little thing to get what they want?

4.  Again if you feel that it is perjury, what do we file in order to show perjury and in what type of court? And Do I have to file it in the court is was filed in?

Thanks for your advice!
~~Aggie Mom~~

[socrateaser]

>1. Is the TRO document proof of perjury on the GP's part since
>they were not the parents and there was no paternity test
>rendered ever between grandma and father?

No. Perjury requires intentional misrepresentation of a material fact, and proof beyond all reasonable doubt. It would be difficult to prove beyond a reasonable doubt that this wasn't merely an inadvertant error, unless the GPs actually testified in open court as to trutth of the statement(s) at issue in the affidavit.

This being the cause, your other questions are, in my opinion, irrelevant.