Credibility, credibility, credibility

Credibility, credibility, credibility

Often when there is a vicious family law fight, who gets believed can be critical to success. This is especially important when there is often a lack of witnesses, other than the sometimes predictable cheer squad witnesses for each of the parties.

This issue of credibility was raised in the latest Asista newsletter in the States, to deal with applications to remain in that country based on extreme cruelty. What is said is apt for family law disputes in Australia (although the procedure is different):

“Avoiding credibility problems

In the self-petitioner’s own declaration, it is extremely important that the self-petitioner provides as much detail about the effects of the extreme cruelty on her as possible. She must come across as credible as possible, which means her representative must check the full application to ensure that facts (dates, places of residence, etc.) are consistent throughout, including documentation andprior applications on her behalf.If there inconsistencies, explain them in your cover letter, do not wait for the VAWA unit to notice them and ask you to explain them. Failing to explain inconsistencies from the beginning will raise questions about your client’s credibility generally and heighten the level of scrutiny with which the adjudicator examines all your statements and documentation.”

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Parental leave surrogacy: what surrogates and parents can claim

Parental leave is one of those practical issues that can be overlooked in the excitement and complexity of a surrogacy arrangement. Yet it matters enormously. Time away from work is needed for the birth, recovery, bonding, medical appointments, travel and the first intense weeks of caring for a newborn. For surrogates, intended parents and a… Read More »Parental leave surrogacy: what surrogates and parents can claim

Relocating with children: what Australian family law requires

Relocating after separation can be an entirely understandable decision. A parent may have a new job, family support, a new relationship, financial pressures or a desire to make a fresh start. But when children are involved, moving a considerable distance can have serious family law consequences. A relocation is not simply about where one parent… Read More »Relocating with children: what Australian family law requires

Australian citizenship surrogacy: Home Affairs wants more proof

Australian intended parents pursuing surrogacy overseas need to be ready for a growing paperwork burden when applying for Australian citizenship by descent. A birth certificate alone may no longer be enough. Recent applications indicate that the Department of Home Affairs is increasingly asking for detailed evidence of the surrogate’s pregnancy and birth records, alongside evidence… Read More »Australian citizenship surrogacy: Home Affairs wants more proof

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board