Modification of Custody: Withholding Information from the Court

lundi 30 mars 2015

My question involves a child custody case from the State of: NJ

How does the Court view this sort of behavior? My ex filed a motion for modification. He was selective in what he told the court, stating he lives with his girlfriend and works a job with occasional on-call duties.

He failed to disclose the ongoing issues our child is having with depression, anxiety, and cutting, which have worsened over the last month. He also failed to disclose that he is living with a married woman, or that he lives in his parent's home. He also did not disclose that he works a rotating on-call schedule and is also on-call 24 hours a day for a second volunteer duty. His entire petition is a rant about what an awful person I am and how difficult I make his life, never once mentioning the well-being of our child. He also failed to disclose to the Court that our child is having issues at school as well.

He also accused me of filing a false RO against him, citing that since we settled it to Civil Restraints it was all made up. (I have a detailed Domestic Violence history that is well documented, including 2 other episodes where police were called, and a 911 call where I was locked in my room with our child.) There is a long history of him coming after me in front of our child, and in front of other witnesses as well, in addition to him stalking me.

I feel that it is best for our child to have a regular, predictable schedule in a safe home, and I feel that all of the above mentioned issues are affecting her. She had just witnesses too much, she needs to be a kid and not even know about the issues with the adults. I am extremely concerned about her emotional and physical well-being. I provided evidence of all the facts he omitted.

I realize that many of these cases are bases on he-said, she-said, so I am trying to focus on the hard facts that will support my counter-motion. Do the omissions show the Court that he is untrustworthy, and how does that affect my counter-motion?





Modification of Custody: Withholding Information from the Court

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