Ensure your evidence is accurate
If you’re getting ready to go to court, it’s important your solicitor has access to all the documents and reports that can help your case. A recent Family Court case highlights the importance of current and accurate evidence.
In the case of Basford and Basford, the couple, who had five children together, had split up in 2021, after the wife found out her husband had been unfaithful.
Initially, the courts ruled on the amount of time the children were allowed to spend with the father, based on the evidence he presented to the court about the mental state of the mother.
He told the court he was taking care of the children with the help of his mother, and child safety, and that he had few mental health issues. The father’s only evidence to this was his statements to the court.
The father also told the court his wife had been violent, but again, presented no evidence to support that assertion.
On appeal from the wife, the court’s decision was reversed. The trial judge had failed to take into account the evidence from the mother’s general practitioner and psychologist.
The trial judge had also failed to give any weight to the father’s admission that he had not taken the children to their allied health appointments.
During the appeal process, the court found the father abused alcohol, had mental health issues, and had threatened to harm the children and himself. The court also heard that the children were afraid of their father.
The mother’s GP gave evidence that the mother was “an excellent mother who puts the wellbeing of her children as her first priority”. “She did become depressed due to the relationship breakdown, but at no time did she pose a risk to the care of her children”.
The GP added that the mother had been taking regular medication, engaging with a mental health professional, and had even returned to tertiary study.
Whilst going through the legal process can be a stressful time, it is of vital importance to take all the right steps to support your case.
It is essential that you attend any health or other appointments you might need, get the reports from professionals who can help you, and make sure your solicitor has access to all relevant material.
Here at Michael Lynch Family Law, our family law specialists can help you navigate this process. Contact our office today on: (07) 3221 4300 or email: [email protected]
