What has been your encounter with a parent fabricating nearly everything in a custody dispute?
You let them lie. You listen without stopping them. You don’t get angry. You let them lie again and again.
After they finish lying, you ask simple questions. They should answer with “yes” or “no”. No tricks. Just straightforward questions.
You watch as they struggle to avoid the truth. They dance around the questions or dodge them. You might ask again.
Some questions could make them admit they lied under oath. Then, the judge and jury start getting annoyed.
In Canada, there was a guy called Jian Ghomeshi. He got charged with two serious counts of sexual assault. The witnesses said what Ghomeshi did to them and how bad it was.
But he got acquitted. Why? Because the judge didn’t believe the witnesses. They lied.
One witness said she never wanted to see Ghomeshi again after the assault. But then, Ghomeshi’s lawyer asked if they hung out the next night. She said yes. Then, they went to karaoke and sang together. She said yes again. Later, the lawyer showed an email the witness sent to Ghomeshi with her picture in a bikini. She admitted sending it.
The judge asked why she said she never wanted to see Ghomeshi again if she went out with him. The witness said she didn’t know how to act in court.
The judge said it’s simple: tell the truth, the whole truth, and nothing but the truth.
Proving that someone is lying in family court can be challenging, as it often comes down to one person’s word against another’s. However, there are several strategies you can use to present evidence and cast doubt on the credibility of the other party’s testimony. Here are some tips:
- Documentary Evidence: Present any documentation that contradicts the other party’s claims. This could include emails, text messages, financial records, social media posts, or other written evidence that supports your version of events.
- Witness Testimony: If possible, bring witnesses to court who can corroborate your side of the story. These could be friends, family members, or other individuals who have firsthand knowledge of the relevant events.
- Cross-Examination: Use cross-examination to challenge the other party’s testimony and expose inconsistencies or contradictions. Ask probing questions that force them to explain or justify their statements, and highlight any discrepancies between their testimony and other evidence.
- Expert Testimony: In some cases, expert testimony may be useful in debunking false claims or providing context for complex issues. For example, a forensic accountant could analyze financial records to refute claims of hidden assets or income.
- Credibility Attacks: Look for opportunities to attack the other party’s credibility by pointing out past lies, inconsistencies in their statements, or evidence of bias or motive to lie. However, be cautious not to engage in personal attacks or speculation without evidence.
- Court Orders: If the other party has violated court orders or engaged in unethical behavior during the legal process, bring this to the attention of the judge. Violations of court orders can reflect poorly on the credibility of the offending party.
- Maintain Your Own Credibility: Finally, focus on presenting your case truthfully and accurately. Avoid exaggeration or embellishment, as this can undermine your credibility in the eyes of the court. Stick to the facts and present your evidence calmly and confidently.
Ultimately, proving that someone is lying in family court requires careful preparation, strategic presentation of evidence, and effective advocacy. Working with an experienced family law attorney can help you navigate the complexities of the legal process and maximize your chances of success.
Family court proceedings are inherently stressful and emotionally charged for everyone involved. In such situations, individuals may feel pressured and resort to falsehoods on the stand, either to protect their family’s interests or for more deceptive motives. The most effective method of exposing lies in family court is through tangible evidence contradicting their claims. However, concrete evidence may not always be accessible in these cases. In the absence of such evidence, cross-examination can be employed to challenge their narrative, or, as a final option, one may choose to testify against them.