Careful What You Say, It Can And Will Be Used Against You

A separation from one’s spouse is an emotionally devastating time in one’s life and is exacerbated further when it results in the ongoing conflict of the litigation process.  Whether the dispute involves the custody of one’s children, the payment of spousal or child support, or the division of the assets that the parties had accumulated over their lifetime, this is bound to produce a wide range of changing emotions, from anger, to guilt, to sadness, to relief. 

One will undoubtedly be tempted to outwardly express these emotions, oftentimes through comments directed at their former spouse.  While this may feel good temporarily, it is not uncommon to later see those words appear in an affidavit or courtroom testimony being used against the speaker.  In Court, the credibility of the parties and witnesses is often essential to assisting the judge in weighing the evidence and making a decision on the issues before the Court.  The importance of appearing as a credible, rational person with a reputation for good judgment and common sense cannot be overstated, particularly in custody cases where the judge has the difficult job of determining with which parent it would be in the children’s best interest to reside. 

Even more importantly, part of being a good parent involves recognizing the importance of respecting the other parent in eyes of your children, despite your own feelings towards them, and refraining from allowing your emotions to be put ahead of the best interests of the children.  Otherwise, you could find yourself losing custody of your children and/or losing the respect of your children.  Be careful what you say, the consequences are not worth it.

If you would like to discuss this or any other family law issues, please do not hesitate to contact Ashleigh Baylis at baylis@pushormitchell.com or (250) 762-2108.