[cathyb9]

My ex husband recently wrote a statutory declaration in which he stated that:

I beat one of my children to the point that she consistently had bruising and welt marks

That I belted my child with belts and electrical cords

That I encouraged my other children to also beat this child

That I beat this child if she told her father

That I beat this child for telling her teacher

That Child Safety were involved on an ongoing basis and the children were beaten to silence the truth

That I did not feed this child

That I failed to keep a clean home and there were saucepans constantly in the kitchen filled with maggots

Every word is untrue... what can I do to as I work in the human service industry and this statutory declaration could have a severe impact on my career

[joypulv]

First - what country? And where was this declaration published or sent?

[ScottGem]

Please define "a statutory declaration". Also any question on law needs to include your general locale as laws vary by area.

Are you currently involved in custody litigation? Also is there any medical proof of beatings? Is there any previous or ongoing CPS investigation?

[tickle]

Which child? How many do you have?

[cathyb9]

Queensland Australia. This statement was sent as support for a Domestic Violence Application done by this child (now 33 years of age) as I currently have custody of her son. She absconded with him after a visitation with him and the DVO application was made in attempt to prevent me from recovering the child.

She has mental health issues and her child ran away after being abused. Children's Services are heavily involved with my adult child as there are concerns for the safety of her children.

[cathyb9]

Queensland Australia

Statutory Declaration... Declaration signed and witnessed by a Justice of the Peace that is meant to be a truthful account and can be used as evidence

Yes I am currently involved in custody litigation. The child it is alleged that I beat all of her childhood is fighting to obtain custody of her child who courts have given me custody due to her ongoing abuse of her children and her mental health issues

There is no medical proof as the statutory declaration is completely false and there is no evidence to prove otherwise. I have 4 children myself... all adults now... who can testify to the falseness of this document

[cathyb9]

I have 4 children. The child in question is my second born

[joypulv]

How did she get her father to write this, and do you know that he is the one who actually did, notary notwithstanding?
How far has this gone - is anyone believing it?
(To sue for a monetary value, you have to show proof of financial loss.)

[cathyb9]

How did she get her father to write this... I have no idea... we were divorced 15 years ago and she is the only one of our 4 children who has made contact with him

And do you know that he is the one who actually did, notary notwithstanding?. I do recognise it is his signature. The document is typed

She has a DVO with prejudice and he is now attempting to obtain custody of my grandchildren and using this statement in his application

I am currently having to work in a position earning approximately half of my income and had to also give up a position in another state which has cost me another $25000 per year

[ScottGem]

Ok, first, since this declaration is part of an ongoing litigation, then I don't believe you can pursue an action for slander, at least not until the litigation is resolved.

Second, this declaration should only be part of a court record and should not be made public, at least until the litigation is resolved.

Finally, the most appropriate way to handle this is to ask the court to charge her with perjury if there is no proof or merit to these claims.

Are you claiming that loss of jobs is due to these accusations? If so, how2 did they find out about them?

[AK lawyer]

If it was written, it is, technically speaking, libel, not slander.

[Fr_Chuck]

You can not, it will be up to them to prove these charges in court. If the court finds in favor of this, then it will be considered true, Unless accepted or approved by court, the mere filing should have no effect on you.

At this point you hire an attorney to deal with the custody and abuse charges.