My story is this. I have been involved in a child custody battle since Jan. 2005. At first my abusive ex-husband was awarded temporary custody when I fled the state. We reconciled for two years until the abuse just got to bad. I left and went to another city but was able to get my son every weekend. After getting myself together me and my fiancé went for custody. My ex- husbands mother intervened in the custody case due to the long criminal history of her son. Eventually I was awarded temporary custody until a home study and school records were received by the judge. In Oct. 2009 I was awarded full custody of my young son with visitation for the grandmother. Okay here is where it gets tricky. The grandmother died in 2010. March 2011 my ex- husbands' niece filed papers for an ex-parte temporary custody with basically the same issues but with a different judge. In her sworn affidavit she clearly states that she was not a witness in the other custody case. They took my son and I didn't see him until the day of court, but during this time I had had a nervous breakdown. I was seeing the psychiatrist two to three times a week and under heavy medication. So in court I was a basket case. She retained temporary custody with me driving 200 miles round trip every 2nd and 4th Saturday to see my son at her house. I have worked hard this year. I am in counseling for abused and battered women looking to become a counselor myself. My fiancé and I are attending parenting classes. We both have good jobs with a decent income and where I live there is a lot more things to do, whereas they live in a very rural and remote location. My question is can I move for a dismissal based on her lying in her affidavit pursuant to NCGS 50A-106 even though its been a year since court. Can I charge her with contempt for willfully lying? And can I seek pain and suffering, lost work, and gas mileage?

Oh and I have already filed a motion for a custody modification and I was able to get a page of the judges notes with her name and her testimony in the very first court hearing we had back in Jan. 2005.

So you went into the other hearing without an attorney? Probably why you lost. I doubt if you can ask for a dismissal. But you can use the perjury as grounds to overturn.