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Author Topic: Therapist and Evaluators lying for your disordered ex?  (Read 645 times)
sfbayjed
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« Reply #30 on: August 20, 2014, 10:12:26 AM »

I feel I need to file a response too.  I brought everything to court but wasn't able to get it on record. It went quick and the therapist got booted first, then  the kids got a lawyer, then he went on a bit about how he doesn't have the information about what he needs about how the kids are doing, asked how long we had been doing the week on /week off in the summer and it had only been like a month. So he ordered that we split the week till mid nov. and he wants to hear from the kids lawyer who will talk to everyone. I could at that point have spoken up about the falsities in the report and what evidence I had sitting in front of me, but what he was doing seemed fair and I thought it important to remain calm and am almost certain it would not have changed the outcome. This has to happen sooner or later anyway, that they give them to her more and see how she does.

My lawyer is very smart but she never told me that I need to get the response to the report on he record. That makes perfect sense. I need to discredit it as much as possible.  

She accused me of emailing her after she asked my lawyer not to, which I did not. How can you prove you did not email someone?  
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Matt
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« Reply #31 on: August 20, 2014, 10:53:32 AM »

She accused me of emailing her after she asked my lawyer not to, which I did not. How can you prove you did not email someone?  

So there are going to be several types of false statements in the report and maybe in other things the court has seen or heard;  maybe even things said in court.

My suggestion would be, to gather all that in a list, with four columns.

The first column is "False statements" - repeat word-for-word each of the statements made by your ex or her attorney, in writing or verbally in court.

The second column is "Source" - tell where that statement was made - for example "730T report page 3" or "Statement made by Ms. Ex'sL in court, 8/15/14".

The third column is "Facts" - tell specifically what did or didn't happen.  In some cases, if the accusation is, "Mr. Jed e-mailed Ms. Jed after Ms. Jed asked not to get more e-mails.", under "Facts" you might put "Ms. Jed e-mailed Ms. Jed'sL on 1/1/14 asking that Mr. Jed not send Ms. Jed any more e-mails.  Mr. Jed has not sent Ms. Jed any e-mails after that date."

And the fourth column, ":)ocumentation" or "Evidence".  Reference whatever evidence you have, as "Attachment A - e-mail from Ms. Jed to Mr. Jed 1/1/14" or whatever.

In the case of the e-mails, you can attach the e-mail showing what date she asked you not to send any more e-mails, and you can state, "Mr. Jed has not sent any e-mails after that date, and Ms. Jed has not provided to the court any record of e-mails sent after her request."  Put the focus on the other side to prove their accusations.

Part of the impact of this will be the length of the list.  The judge may not even read the whole list, much less all the evidence attached;  she might pick out a few and check them out.  But seeing how many false statements are on the list, she should come to the conclusion that your ex is saying a lot of things that you say aren't true, and that you are offering lots of evidence that they aren't true, and that the other side is not backing these statements and accusations up with anything.

I did this - at my attorney's request - after my wife was deposed.  More than 40 false statements and accusations, some of them easily disproved, and others not so easy, but we put them on the list anyway, to make our point.  If we had gone to trial, this list would have been a big focus - my wife on the stand, confronted with each of these, and asked to explain the evidence which showed each statement was false.  It would have taken hours, and she would have looked horrible - she would have probably broken down at some point and her credibility would be completely gone, and it would have been pretty clear she had some serious problem or she wouldn't have made so many false accusations.

By the way, I would suggest avoiding the word "lie" completely, because I think it puts you on the defensive - if you say "she lied", the burden is on you, not just to prove that what she said was false, but also that she knew it was false, and that's often very hard.  If you say "False statements" and "false accusations", and if you know for sure that each statement is false, and can't possibly be proved - leave off the list any that are iffy - then you can't go wrong, because the burden will be on her to show evidence (though maybe not "proof" that what she said is true, and if it isn't true, she won't be able to do that.
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