[motherinneed72]

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?

[motherinneed72]

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.

[ScottGem]

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.