Case Studies
Our vision of an ideal divorce is one that is amicable, with both husband and wife splitting assets and time with the children in an equitable way, but the truth is that doesn’t always happen. When you are faced with your once-loving partner and parent of your children lying and falsely accusing you of criminal behavior, it’s important to have an attorney on your side who has seen this type of behavior before and can advise you on your next steps. Then it is important to heed your attorney’s advice.
Elizabeth* and Richard are the parents of school-aged children. Richard travels frequently for work, and Elizabeth is a stay-at-home mom and the primary caregiver. Elizabeth called our office after her husband filed for divorce and full custody of the children. Richard began to falsely accuse his wife of cheating and became increasingly verbally and emotionally abusive in front of their children. He also frequently undermined the mother’s authority over the children, essentially alienating the children against their mother. Read more about Parental Alienation
Our attorneys have dealt with similar situations over the years and could see that this case would only escalate unless a Guardian Ad Litem (GAL) was appointed, but our client didn’t want to risk damaging the relationship even further and also didn’t want to spend the extra money on the GAL fees.
In the meantime, we contacted the opposing attorney multiple times to advise them of their client’s behavior but to no avail. Because of Richard’s escalating lies and manipulation of the children, we filed a contempt charge against Richard and warned Elizabeth that he would probably next file false charges against her to the police. We advised her that she needed to find another place to live, away from the marital home, as soon as possible.
The next week Richard did just as predicted. He called the police and the Department of Family and Children’s Services (DFACS) and lied, saying Elizabeth was abusive, and filed a temporary protection order (TPO). Elizabeth had 20 minutes to vacate the home. During this entire time, Richard was coaching the children on lies to tell against their mother and bribing them with new toys and fun activities to get them to do so.
During all the chaos within the home, our attorneys were crafting a long-term strategy in which Richard would be caught inside the web of his own lies. Because DFACS was called in, a Guardian Ad Litem was assigned, and the children started attending counseling sessions. In these sessions, the therapist uncovered that the children had been coached to lie, and that was admitted as evidence in court.
Our attorney developed a trial strategy that caught the opposing counsel and the opposing party off guard and put his lies and inconsistencies on display to the judge. The temporary protection order was lifted and our client was given access to the home and most importantly, was allowed primary physical custody of her children.
The main takeaway, other than the win for the client – which we always strive for – is: Listen to your attorney and follow the advice that you are given.
*Names and identifying details changed to protect the privacy of all parties
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
