Q&A By John T. Syrtash, Associate,
Garfin Zeidenberg LLP, a Toronto family law lawyer for the past 38 years
Question: I am currently in a custody dispute with my wife concerning our two sons. My wife lied to the court about my abusing her and the children in order to gain temporary custody of the children. I have more than enough evidence to prove that she intentionally misinformed the Court. How likely is the court to find her in contempt? What is the best approach to force the court to hold her accountable for her lies?
Answer: No question that perjury is a criminal offence, but parents are very rarely prosecuted. Moreover, it is only “contempt” if she has disobeyed a court order. Nonetheless, the more she lies, the more she loses credibility. But disproving her lies doesn’t necessarily prove you are the superior parent. You must now demonstrate your intimate understanding, skill, and acquaintance of the children’s needs. Warring parents often lose sight of what judges look for. What is your evidence of the children’s needs, not just merely of mom’s faults and lies?
John Syrtash is an associate and family law lawyer with the Toronto firm of GARFIN ZEIDENBERG LLP.
Neither GARFIN ZEIDENBERG LLP nor John Syrtash is liable for any consequences arising from anyone’s reliance on this material, presented as general information and not as a legal opinion.
John T. Syrtash,
GARFIN ZEIDENBERG LLP
5255 Yonge Street, Suite 800
Toronto, Ontario, Canada M2N 6P4
Cell: (416) 886-0359
Fax: (416) 512-9992
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