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Old 05-08-2006, 03:15 PM
workingthruit workingthruit is offline
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Someone recently said to me

"Family law is all about who is the best liar"

this was a quote from a family law practioner.

In our situation, I would say that to some degree, I could see where this is true. We dealt with an ex, who alleged abuse, called the CAS (more than once), called the police, moved the children illegally (claiming 'fear for safety), changed the childrens schools, changed the children's surnames, wrote those 40 page affidavits FULL of fabrications that Sean referred to, all for financial gain.

In the end, a settlement agreement was reached. All through lawyers, since mediation had become impossible (ex refused to attend any further sessions)

The sad thing is, custody and access stayed the same, so clearly these were not the real issue - dollars went in our favour - and after 1.5 years, the games ended.

However, we were terrified that if it went before a judge, the lies would be believed and judgement made against us.

What do the rest of you think? Is the above a fair statement?
Old 05-08-2006, 03:24 PM
Divorcemanagement Divorcemanagement is offline
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I would say that is the comment of someone who has a very blunt view of how litigation in family law matters occurs. Whether it is accurate or not depends on your point of view. I think from the perspective of what a judge might see, "somewhere between what each party is presenting is the actual truth" - so the adversarial family law process is a search for truth albeit a conflict based search.

I have often said that family law is a game of "Devils vs. Angels" - "my client is inherently good and your client is inherently bad - anything bad that my client might have done is obviously your client's fault". Let's face it - when you litigate, you aren't exactly going to be pointing out your former spouse's virtues because doing that might come at the expense of a successful outcome for you.
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