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Your question raises a harsh reality for people who need to refute something that never happened and defend themselves against the alienation that can occur when one parent lies to the children about another parent. You must do everything you can to gather evidence to the contrary. Quickly get an intervention for your children and get a new status quo where lying is recognized and punished by the judge. For this reason, you need to find a proven family law lawyer who can not only help you in the litigation you are involved in, but also protect you from false accusations. You`ll also know how to look for evidence to support your site and support you in every action you`re involved in. This is an absolute necessity when you are involved in this kind of fight. When a customer is in this position, the first question they ask usually involves the word „perjury.“ Usually, the question is a variant of the following: Isn`t it perjury; Isn`t this a crime, what are the next steps? In addition, the A.R.S. § 25-324 (B) requires the court to grant attorneys` fees if it finds a party`s claim: the other party has begun to lay wild charges. She said I had been violent.

She said I wasn`t sure about myself with our children. She said I had taken money. My ex-wife literally rewrote our history and lay sworn down. How can I refute something that never happened? Do judges really believe in wild accusations without evidence? The worst part was that my future ex-wife was turning an event that had actually happened into something it wasn`t. When we went to a family reunion and the adults were drinking, she was now saying that everyone was drunk. She tells the children that I am an alcoholic, and since they saw me drinking, they believe her. This is the worst kind of deception. What can I do? One. I often get this question. In a perfect world, everyone would always be honest and the Court would always be able to make a fair decision based on the hard and cold facts.

Unfortunately, we do not live in a perfect world. Because family court involves high stakes and emotionally charged issues, it`s not uncommon for people to think they can „move forward“ by exaggerating the facts, deceiving the court, or openly lying. Dishonesty is a terrible strategy, here we check how to deal with an opposing party who participated in the deception. Now let`s move on to the continuation of Dr. Lee`s story. There is now a technology that has an 85% success rate when it comes to telling when a child is lying, „transdermal optical imaging“. It is based on the fact that when different emotions are experienced, the blood flow under our facial skin changes subtly and outside of our conscious control. With the help of transdermal optical imaging, the hidden emotions associated with lying can be recognized. During the custody procedure, children are protected against adversarial proceedings.

You may be interviewed by child protection services or the forensic examiner or their designated lawyer for children. These interviews are naturally conducted in the absence of their own parents. In addition, when a judge questions the child at a so-called Lincoln hearing, he is in chambers, with a court reporter (who creates a sealed transcript) and the child`s lawyer, but not the parents or their lawyers. For example, the same judge hearing two cases that are factually identical on paper may come to two completely different conclusions. In fact, this happens quite often, because although the facts may seem the same on paper, during the litigation, the judge develops impressions about the credibility of the party. Since many family law issues boil down to „he said/she said,“ the judge`s final decision often boils down to who is most credible. While television has pretty much exaggerated this particular aspect of the courtroom, there is actually one area where this is true. When parents are involved in a heated divorce or custody dispute, one can say many things that are far from the truth. One parent accuses the other of abusing or abusing children, they make a parent a terrible person with a litany of stories about their drunken or irrational behavior, or they present them as completely dispassionate parents who might make fun of their children. According to Dr.

Kang`s research, adults can`t tell if children are lying or not; Not college or law students, social workers, child protection lawyers, judges, police officers, not even their own parents. They do no better or worse than pure coincidences. On the other hand, Dr. Lee`s research is further evidence that custody decisions should not be resolved through litigation. This is another call to use the interdisciplinary approach to collaborative divorce, where parents are supported at every stage of the transition through divorce. This is by far the best process, perhaps the only divorce process, that can help parents overcome their anger and pain, improve their communication skills and ability to be co-parents, and, through an agreement, make decisions about how their children will continue to be raised. The poignant scene plays out again and again in American courtrooms. A confused little child sits on a witness chair and is led by a lawyer through shocking statements.

The teenager talks hesitantly about unspeakable things that have been done to him by a stranger, a babysitter or even a parent. Could such an innocent soul say anything other than the truth? Of course, we want to minimize the likelihood that the child care process itself will harm our children. With this research that we are really very bad at determining when children are telling the truth, how can we retain our greatest tool for finding the truth, cross-examination? If Dr. Lee is right that we cannot tell when children are lying, should custody decisions based in part on children`s testimony be made without the best tool in the legal system to find the truth – cross-examination? To understand why this is important, it is important to appreciate the broad discretion given to family court judges and the role that credibility plays in shaping their decisions. There are very few family court cases that are black and white. One of the reasons lawyers create immense value in family court is all gray areas. Grey areas give the lawyer the opportunity to make creative arguments and think outside the box; They also give the judge, who is ultimately the decision-maker, considerable leeway in determining the outcome. These stories can be greatly exaggerated or even an outright lie, how is the court supposed to know? Unless there are conflicting details, the court will often listen to these stories and believe that a parent could be the terrible person they are portrayed.

These stories are often told in court, especially when there is a situation where parents argue hard. In these cases, all kinds of outrageous charges are laid and the court must find out who is telling the truth. Another important thing to consider is A.R.S. § 25-324, which regulates the allocation of attorneys` fees in family court proceedings. According to the A.R.S. § 25-324 (A), when deciding whether or not to grant attorneys` fees, the judge must consider the following: Although you are often unable to refute the lies against you, there are things you can do to ensure that the truth is revealed. This is one thing if you`re stuck in a „he said she said she said“ situation where there are only two people who witness an event, but the vast majority of other cases have at least some form of evidence to help support either party. There are common behaviours that children exhibit at school when they experience abuse or neglect. Seeking testimony from teachers and other school staff about how the children behaved is excellent evidence to deny any lies that are told against you.

If a parent claims that the parent who has primary care does not feed the children properly, but that every day at school, other children and teachers can testify that they bring lunch, actively participate in classes and are very social, this seems to refute the lies that are told about you. Understand that if you are accused of abusing or neglecting your children in any way, this action may result in your children being taken. It might even lead the court to decide to lay charges against you. You could end up in jail for a lie you`re told about. Not only can this make you appear in an extremely negative light, but it can also force the court to rule against you. This means you may end up paying a higher amount of child support, not receiving child support, losing custody of the children, or only having supervised visits. It can quickly become frustrating to absolutely annoying when people lie about you and you don`t seem to have any recourse. It starts with physical examinations that have been done regularly in the doctor`s office. Doctors are trained to look for specific cases of abuse, not only in the physical but also in the way the child behaves.