The importance of credibility in family law matters

In family law it is often the case that the only evidence available to a Court on an issue in dispute is each party’s version of events, also known as a “he said, she said” situation. Where the parties have differing recollections on what occurred, the Court must consider whose evidence they prefer. If one party has demonstrated that they are not a credible witness, the Court will be asked to prefer the other party’s evidence.

For this reason, it is essential to approach family law matters with honesty. This means not only presenting the positives aspects of your case, but also acknowledging positives about your former partner. This also means addressing the potential weakness of your case with frankness and honest admissions. By doing this you demonstrate to the Court that you are a credible and truthful witness. If a party is dishonest, fabricates their evidence, conceals, or exaggerates the truth, they risk the Court questioning, or not accepting, their credibility.

Inconsistencies in your evidence or being caught in just one lie can cast doubt over all your evidence. A judge who finds your credibility lacking is much less likely to give your evidence the weight you think it deserves and may find your evidence unreliable. This is likely to negatively affect the outcome of your matter.

Engaging in dishonest behaviour such as providing false information in court documents, lying to a family report writer may also lead to other repercussions such as contempt proceedings or a costs order against you.

Please note: the information in this article is general in nature and is not legal advice. For legal advice about your circumstances, contact us to make an appointment with one of our solicitors.