Some of the most contested legal matters are family law matters. Clients on both sides can make false and misleading statements and accusations that can lead to protracted litigation.
Usually, these claims are about things that can’t be easily defended or evidenced such as family violence, abuse and other behaviours. This is commonly referred to as your word against mine types of situations. There are often no witnesses or proof to such allegations.
These accusations are very prevalent in family law matters especially with Intervention Orders and Child Custody matters. Our family lawyers are experienced in helping clients face and defend these accusations.
The law promotes parties telling the truth. Firstly, it is an offence in most states to make a false accusation to police.
If you someone has made a false accusation against you, you should act quickly. It is important to address these accusations.
False accusations can really impact the time you spend with your children but can be successfully defended. Damage to the parent child relationship from one parent feeding a child lies or a coloured version of events can be undone with time. Even if you are prevented from seeing your child due to a false allegation you can still pursue a relationship and custody with your child. There are many options available to mend a broken relationship with your child
We have dealt with hotly contested child custody and family law matters. If the legal process is properly managed it usually brings about a good resolution. Expert family law advice from an experienced family lawyer is key. Not all lawyers understand family law and there are varying levels of professionalism and skill.
The paramount consideration in children’s matters is the bests interests of the children. It works from a presumption that both parents have equal parenting rights.
If the case is particularly contested, you may have to go to court to get access to see your children. There are many opportunities to resolve issues along the way and most cases settle before court. Parents often change their tune through mediations and conferences. Once hostile parties can tire of the process and most people naturally do become more amicable.
Having a family lawyer and legal team that present a strong case from the outset is crucial. It can quickly reduce the other persons argument and keep the issues focussed. Realistic legal advice can also help you on practical ways to improve your standing and position.
Manipulation and lies can be unravelled throughout the process of negotiating child custody. If one parent is attempting to influence the child with untrue statements it can work against them ultimately. If you are a parent who is struggling with these issues you should keep the end in mind – the long-term relationship with your children. A tool that can assist is by attending therapeutic counselling with the child and other parent.
If a parenting order is in place even if the children doesn’t want to see you they will still have to spend time with their parent according to the order. Getting to a court order is a longer process but can be necessary in some instances.
A part of the legal process for child custody is for all parties, including children, to undergo psychological assessments. This may help to uncover manipulation from one parent. The family court will look at the evidence and leave a lot of the “he said, she said” to one side when making a decision.
It is heartening to know that family court judges are very astute and take a very dim view of malicious and dishonest behaviour. Lying under oath and false affidavits are perjury and do come with criminal penalties. Most judges are a good judge of character and don’t easily get swayed by the emotion of particular cases.
If parents are seeking a relationship with their children they should persist and not be put off by what their ex-partner has said. The process can also seem daunting if you are having to defend yourself from false accusations.
We have successfully helped clients faced with difficult situations and false allegations. We have helped parents gain custody where the children were resisting spending time with them due to what they are told by the other parent. We can quickly assess and advise you of the best approach to get your desired result.
We take a methodical approach to what is being presented by the otherside. We make sure that any inconsistencies in their story is highlighted. Our child custody lawyers are experienced and professional.
At PCL Lawyers You are supported by a team of lawyers that provide high quality legal advice. Contact one of our family lawyers on 1300 907 335 for a free discussion about your matter or complete an online enquiry form.
Please note: The above is not intended to be legal advice. Every circumstance is different. Always seek legal advice in relation to your individual situation.
© PCL Lawyers 2021
Chris is a passionate family lawyer assisting his clients to resolve their dispute in a professional, timely and cost-effective manner....