Wondering How To Win Your Family Trial? Our top rated BC and Alberta family lawyers get asked this question a lot. In today’s blog Fraser MacLean of our Vancouver office answers your question.
How to Win Your Family Trial 1 877 602 9900
The starting point in a family law dispute should be negotiation, but if that fails – what next? Final orders dealing with parenting, spousal support, child support, and any other matters can only then be dealt with at a trial, or a “hearing”. Organization and preparedness can help you prove your case in court. Start preparing early – consider which points you need to prove. In an area of law such as family law, you need something “extra” to get you over the “he said she said” hurdle. For example, are you trying to prove that your income is a lower number than what your ex-spouse is claiming? Start gathering financial documents early – these could be bank statement showing your expenditures and deposits, tax returns, information from accountants. You should consider that obtaining third party records (e.g. documents that you do not have in your possession and control) might take time. Many banks, accountants, the Canadian Revenue Agency will require time, and sometimes a court order, to give you the documentation that you require. You do not want to arrive in court on the big day of trial without documents because you did not give yourself enough time. Here is some more basic information if you have no choice but to be self represented.
Vancouver How to Win Your Family Trial 1 877 602 9900
Know the court procedures and rules of evidence. There have been many books written on the rules of evidence, as well as best court practices and procedure. Witnesses at trial typically have to testify in person, so make sure you have contacted your witnesses well in advance to find out if they are willing and available to testify. Consider whether you need to prepare subpoenas and serve them personally on your witnesses. Remember that not all type of evidence, documentary or oral, will be accepted by the court. Stay away from hearsay, such as “Tom told me that my ex-spouse is secretly a billionaire”. Without the direct evidence of Tom, the court will not accept such a statement as true. Remember not to speculate or to give evidence in a field where you are not qualified to give evidence. For example, if you are arguing that your ex-spouse is a psychopath and should not be the primary parent of your children, do not give evidence about “psychopathy” unless you are a qualified psychiatrist who is able to diagnose psychopathy. Consider retaining an expert witness. There are many rules, exceptions, and pitfalls when it comes to evidence and trial procedure, a good lawyer could greatly assist you to navigate the legal field. Sadly statistics show unrepresented parties in family court obtain poorer results and stay in the court system longer which increases stress for all family members especially your children.
Surrey How To Win Your Family Trial 1 877 602 9900
Lastly, consider whether you, or your supporting witnesses, are “good” witnesses. Will you help your case or harm it? A judge in a provincial court family trial is tasked with a very difficult job of deciding whose side to believe. Often enough the judge will have two polar opposite version of events and he has to decide who to believe – credibility matters.
In the case of Bradshaw v Stenner, 2010 BCSC 1398, Justice Dhillon wrote that: “Credibility involves an assessment of the trustworthiness of a witnesses’ testimony based upon the veracity or sincerity of a witness and the accuracy of the evidence that the witness provides” and “the art of assessment involves examination of various facts, such as the ability and opportunity to observe events, the firmness of his memory, the ability to resist the influence of interest to modify his recollection, whether the witness’ evidence harmonized with independent evidence that has been accepted, whether the witness changes his testimony during direct and cross-examination, whether the witness’ testimony seems unreasonable, impossible, or unlikely, whether a witness has a motive to lie, and the demeanor of a witness generally.”
Credibility and Proper Preparation Is Key To a Good Result 1 877 602 9900
In summary – how is your memory? Even on lie or exaggeration can destroy your case. Are you caught in a lie or in an inconsistency? Do not risk a bad result by being cavalier with the truth. To see the consequences read the Vancouver Sun on our BC win and highest property and support award. Do you have a reason to lie for your own advantage? Interview and prepare your witnesses early.
So, how do you win your provincial court family trial? Some things to keep in mind:
- Be prepared and have clear copies of key documents in a binder supporting your case;
- Know the procedure of the court;
- Know the rules of evidence; and
- Credibility of witnesses matters.
If you have questions on How To Win Your Family Trial, call our lawyers who have offices across BC, In downtown Calgary and in Toronto by calling us toll free at 1 877 602 9900.
Let our top rated family lawyers help you understand how to win your family trial.
