Child Support Civil Summons & Domestic Violence Order


#1

I received a Civil Summons which included a Custody Mediation Cover Sheet, Notice to Attend Custody/Visitation Orientation, Affidavit of Judicial Assignment, and a Custody Complaint. My question is this. My ex-husband lied on the paperwork and checked NO when asked if there was a pending or RESOLVED civil or criminal domestic violence case involving the same parties in NC or any other state. He said NO and there WAS an 1-year restraining order against him, which just expired in mid-December 2009. He also FAILED to attach a copy of the restraining order to the paperwork, as it asks (IF YES…YOU MUST ATTACH A COPY OF ALL CIVIL OR CRIMINAL DOMESTIC VIOLENCE RESTRAINING ORDERS.) In that order of protection, the judge also granted us temporary joint custody and set out a custody arrangement, which he again FAILED to mention or put in the paperwork. Further, he lied on the question on the Affidavit of Judicial Assignment and AGAIN checked NO when it said that there WAS NOT previously a civil action filed in this district involving the same parties, and/or family members. He lied one more time in the paperwork sent to me in his actual COMPLAINT, as he stated that the minor children lived “with father” from 11/08-present, which is NOT true, as we have BOTH had them living with us–as we’ve been following the temporary custody order that was set during our court proceedings for his domestic violence restraining order.
My first question is: How do I handle the fact that he lied several times in this paperwork, as it seems he is trying to hide the fact that he had a custody order against him, as he is filing and going for sole custody of our two boys. Does the fact that he lied invalidate the paperwork and therefore, can I then file the same paperwork and ask for custody now using the CORRECT information? What are my options since he lied?

The paperwork was delivered by certified mail to me, which states that if I don’t file an answer in 30 days, he’ll basically get what he asked for. So, what exactly do I need to do? The orientation date for custody/mediation orientation is listed, so I plan on of course attending, as I want to continue joint custody despite his push for sole custody! Please advise what I can do in this situation with an abusive ex who is trying to cover up his past restraining order and file for sole custody without it being noticed!!
Thanks


#2

If the restraining order expired prior to his filing he checked the correct box, in that there is no current domestic violence case pending.

Once the order expires the custody provisions also expire.

As for the judicial assignment, you may speak to the clerk when you file your answer and counterclaim and seek a reassignment to your previous judge. You will also respond to each and every allegation in his complaint, and may deny the allegations you say are untrue. The paper work is not invalid, but can come back to hurt him as it is a verified (sworn) statement.

I suggest you make an appointment to see a lawyer in the immediate future to ensure you get your Answer and Counterclaims prepared.