Defamation by my ex-wife's attorney to my childrens Gaurdian Ad-litem

[EdnJess]

I am involved in a custody case with my ex-wife and her Attorney continues to make false statements about me in court. He stated things like I enjoy wasting the courts time, I deliberately do not follow the courts orders because I just do what I want. The issue is that I cannot afford to pay a Guardian ad-litem the fees needed for him to start an investigation. It is not because I want to but it is a financial issue. I am paying him what I can, which is about $250.00 every 3 weeks. Her attorney also stated that I have enrolled myself in a payment plan with out asking the GAL. Again this is false. I am paying what I can when I can and if I had not tried to pay the GAL her attorney would have something else to say about that. I can't even pay my bills and house payment. I am months behind on my bills. Her Attorney goes on and on making up what ever he likes to make me sound horrible. What has pushed me to ask the question is that he addressed the Guardian Ad-litem directly in a letter and made false, inaccurate and defamatory statements about me to the guardian. What can I do about this? Is there a way that he can be reprimanded by the court system? If that is not a possibility then what should I ask for in damages? I would like to ask my attorney but I had to ask her to withdraw because I can't afford her. Thank you for any help you can give. Eddie

 

[Proserpina]

Things said in the courtroom/during court procedures cannot generally be used in defamation suits.

Sorry.

I'm actually going to break down your post and explain why

 

[Proserpina]

I am involved in a custody case with my ex-wife and her Attorney continues to make false statements about me in court. He stated things like I enjoy wasting the courts time, I deliberately do not follow the courts orders because I just do what I want.

That could be his opinion and his perception. This is not defamatory.

The issue is that I cannot afford to pay a Guardian ad-litem the fees needed for him to start an investigation. It is not because I want to but it is a financial issue. I am paying him what I can, which is about $250.00 every 3 weeks. Her attorney also stated that I have enrolled myself in a payment plan with out asking the GAL. Again this is false. I am paying what I can when I can and if I had not tried to pay the GAL her attorney would have something else to say about that.

If you pay $250 every 3 weeks, that can be considered a payment plan.

I can't even pay my bills and house payment. I am months behind on my bills.

Okay.

Her Attorney goes on and on making up what ever he likes to make me sound horrible. What has pushed me to ask the question is that he addressed the Guardian Ad-litem directly in a letter and made false, inaccurate and defamatory statements about me to the guardian.

Be specific. What exactly was falsely stated?

What can I do about this? Is there a way that he can be reprimanded by the court system? If that is not a possibility then what should I ask for in damages? I would like to ask my attorney but I had to ask her to withdraw because I can't afford her. Thank you for any help you can give. Eddie

As I said, court proceedings are immune from defamation/libel suits.

I'm interested to know more though - what exactly is being said that you're objecting to?

 

[EdnJess]

I am actualy refering to letters that were written to my childrens GAL. In the letters the attorney makes his own "opinions" as factual statements.

 

[Proserpina]

I am actualy refering to letters that were written to my childrens GAL. In the letters the attorney makes his own "opinions" as factual statements.

And as part of a family courtroom proceeding they cannot be used to support a defamation action.

 

[EdnJess]

Thank you for taking your time to reply to the post. If you think of anything that can be done to stop him from this type of action please let me know. I have already tried the asking nicely thing.... no help there

Thank you