Is This Slander/libel Of Any Kind?

[Seaton]

I have been married to my wife for over a year, during which time her ex-husband found out about us and became extremely spiteful. She has a ten year old boy from her previous marriage, which they share joint custody with her son residing here.(We are in SC, the ex is in MI) Her ex-husband filed a law suit for full custody for their son about ten months ago claiming that I am abusive, controlling and a drug addict. I have met the man once, and he has never been very involved in his sons life. This law suit started because my wife usually lets her son go to MI with his father for the full two week winter break for Christmas, however this year my step son wanted to spend part of his break with me and my family, then see his dad the last half of the time. She has a divorce decree stating they are to "share the xmas break", but her ex became infuriated when he did not get his way and filed this frivolous law suit. He has money and a well paid attorney and the judge in MI retained jurisdiction, but did not grant the change in custody. My question is do I have a case because of him lying in court papers when he described me in those ways? FYI: two counselors for my step son have stated he is the problem; My wife and I were ordered to take a hair follicle test because of his allegations, passed of course; and he lied about having another child to the judge, who is still allowing him to make false claims in court as we have to return on 10.26.07. I feel that a libel/slander suit may be the only way to stop him and this judge who lets him continue...

[Ely]

Jason,

There is usually a qualified or complete immunity for allegations made in Court.  I am not licensed to practice law in South Carolina and suggest you speak to an attorney locally to give you legal advice.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.