Does Privledge Apply? -Slander

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kbn820

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My daughter's father has been trying to get custody of her since she was born. I have full custody and he has visitation only. Two years later he is getting desperate. DCFS ignores his claims and the police are on stand-by for if he begins exhibiting stalking behaviors again. I took him to court for child support and he told the judge in front of about 30strangers and the asistant state's attorney that he refused to pay child support because he wanted her taken away from me as I admitted to him a long time ago that I molested three little girls and he now believes I am doing the same to his daughter. (Obviously a totally sick lie) ... (we were not sworn in or anything, so I don't think perjury applies).

(The judge told him that his acusations have nothing to do with a child support case and he had two weeks to bring in the paperwork requested or go to jail.)

Then, during his normal visitation time, he took our daughter to the ER and told them that he suspected I was sexually abusing her and that I had admitted to sexually abusing other little girls as a teenager. He also made up some other things about bruises and multiple boyfriends (I have had only one for over a year now.) I know all of this because I ordered the medical record from her visit and it was all recorded.

By law, the hospital was required to call DCFS to report the incident. I have not heard form them and I am guessing that they saw his name on it and knew he was just being dumb again.

I am a certified elementry school teacher who is currently staying at home with our ill child (the same one he is fighting for) who underwent a bone marrow transplant last summer.

This is a small town and even the accusation could keep me from resuming my profession when she is better and I go back to work. I am certain he is telling other people these lies, but I only have proof that he told a judge, the assistant states attorney, the strangers in the courtroom, and the doctors and nurses at the ER visit.

Would these instances be considered 'privledged' and leave me without proof for a defamation suit (or at least a restraining order?)
 
None of those events could be considered privileged. HHe could not have had any expectations of privacy at any of those times, except maybe the hospital. But since you are the custodial parent with legal access to your daughter's medical records, there is no expectation of privacy there either.

I don't know if you can sue him, but his actions are hurtful to you and to your daughter. I wonder if you can get his visitation reduced to supervised visits. Dragging her to the hospital for bogus reasons, especially since DCFS found no reason to investigate, might be enough.
 
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