A divorcing father who filed an Order To Show Cause to keep his wife from going away for a three day weekend because he claimed their three children would be left with strangers was made to pay legal fees and sanctions for misrepresentation of the facts.
The Mother had temporary custody of the three young children. The Father with little advance notice and before a three day holiday weekend filed a request in which his wife and her attorney did not have adequate time to attend seeking to block his Wife from leaving the children with tenants in their two family home that he deemed "strangers". He requested an order to prevent her from leaving the children with anyone other than a person related by blood or marriage. The Judge after initial inquiry in which the Father stated he was concerned about the welfare of his children and that the designated persons were "complete strangers" prevented the wife from leaving (with her boyfriend) for a three day Veteran's Day vacation weekend in Arizona.
Eventually it was learned that the Husband had helped select the tenants in the two family house where his Wife lived and that they were not complete strangers to the children and had babysat the children previously. The Mother stated that they carefully selected who would live in the 2 family house knowing that there would be interaction with their children.
The Court found that the Husband's application was misleading, was punitive and was without merit. At a hearing the Court made the Husband pay his Wife's attorney's fees of $7,500 and sanctions of $750.
Be forewarned that dirty tricks and false and misleading sworn statements can be costly mistakes. Credibility is so important and once the judge believes that you lie or mislead it is very difficult to later try and convince the judge that you are truthful.
Please call my office if you need divorce representation and help with your custody case. Our many years of experience will guide you through this difficult time.