There’s a stigma that dad’s don’t get a fair go when it comes to family court. Most people think that the female spouse gets more entitlements and advantages. This can be frustrating, and heartbreaking for fathers who are staring down a long, drawn-out court case so they can fight for custody or the entitlements of their property.
Having a lawyer who is bold, and who can give you the most professional approach on how dads can get a fair result from the court.
Most dads already feel that there is a bias or injustice in the system. The court system is definitely not perfect, but that doesn’t mean that a father’s rights and entitlements will be overlooked.
The purpose of the courts in family law
The courts prioritise one thing above all – the wellbeing of the children of both partners.
Most importantly for the father, is demonstrating to the court that his relationship with his children is paramount. The father can show this by being on his best behaviour and prioritising time with his kids. Family court can be physically and emotionally draining because of the lengthy process and the pressure it puts on people. Fathers need to know that anything they do and say could potentially be monitored, and anything monitored is admissible in court.
Just think; what would a transcript of your interactions and involvement with your children or their mother look like? Fathers need to be mindful of speaking about their children’s mother in front of his kids.
It’s all about demonstrating to the courts that you are a worthy parent who puts the safety and wellbeing of his children by acting appropriately.
Be wary of all types of recorded communication
This is a common area most dads fall short.
If there is recorded interactions and communication between you and the children’s mother, it’s wise to be respectful and civil. The last thing dads need is for a case to be leaning in their favour, only to have an inappropriate text message presenting by the opposition. If it’s on ‘paper’, it’s admissible. So, be careful with what you message through text and emails.
Social content is admissible in court
The courts don’t have any problems with social media evidence. You need to know that once something goes online, it’s retrievable by the other team’s lawyers. It’s an extremely useful thing to know if you are coming up to a court case. An example of how social media can sway a case is when someone makes a Total and Permanent Disability (TDP) claim for a back injury and is then spotted on a social media video playing basketball with his kids.
Similarly, any abusive or inappropriate posts or messages on Facebook will only weaken your matter.
Tips for fathers going to court
Divorce and separation are rough. It’s an emotionally charged time with blame, mistrust and resentment clouding judgement. To help the legal proceeding go smoother, it’s helpful to work with a family lawyer who can work with you to come to an agreement about your children, rather than forcing the courts to determine how that will go. Choose a skilled lawyer to sit with you at the negotiation table, because you want them to have your back when the sharp sting of emotion starts to surface. You also want your lawyer to protect you from conceding too much and getting taken advantage of.
Keep the focus aligned with the wellbeing of your children, and not on your pride. It can be hurtful to hear pages of allegations by the other party. You can prepare for such a time by making the most of family dispute mediations and pre-court negotiations.
Taylor and Scott’s offer to you
Prior to entering into discussions with your former partner, it’s highly advisable to employ the services of a professional Family Law solicitor at Taylor & Scott Lawyers. We will help you understand your legal rights and obligations while formulating a workable parenting plan without the need for court intervention. In most matters, it is presumed to be in the child’s best interests for parents to have equal shared parental responsibility. This means, once such an order is made by the Court, parents are required to consult one another with respect to major long-term issues concerning the child. Such decisions may include:
- The child’s health and medical treatments;
- Living arrangements that impact time spent with either parent;
- Changes to relationships that affect activities and time spent with the child; and
- Cultural and religious considerations.
Taylor & Scott Lawyers, located in the heart of Sydney’s legal and financial district, have been supporting the best outcomes for parents and their children since the firm was established in 1905. Our highly-regarded reputation has been built on client success and we invite you to experience the difference we can make for you and your family.
At Taylor & Scott, “We Care For You”.