Family Court Australia: Going through family law litigation and likely to end up in court? Time to think about dressing for court, and how you will present and behave. Here, we discuss some important “dos” and “don’ts” for family court proceedings, and our advice on dressing for court and putting your best foot forward.
Does it go without saying that you need to think about dressing for court? I don’t think so. We’ve lost count of the number of horror stories about the way people have dressed; from turning up in pyjamas, to looking like a cowboy, to the shortest skirt that could legally be referred to as such. Just dress smart, as if you were going for a job you really wanted, and definitely not as if you’re going on a hot date, bush walking, or herding livestock!
1. Acknowledge the other parent’s strengths – dressing for court
Recognising their positive qualities and good relationship with your child demonstrates maturity and credibility. So give credit when it is due. If your co-parent is genuinely a good parent, say so. Concede that they have a great relationship with your child, if appropriate.
2. Do take responsibility for past mistakes – dressing for court
If you’ve made poor decisions, such as drink driving (whether or not the child was in the car with you), admit to them and be proactive in explaining the steps you’ve taken to change. Transparency prevents a judge from wondering what else may be hidden. Make sure to highlight the rarity of any such stupid acts and that they were out of character.
3. Don’t involve your children in your Family Court Australia case – dressing for court
Encouraging them to take sides can damage your credibility. If they mention the proceedings, reassure them by saying, “That’s for the adults to sort out. We love you very much.”
4. Do present strong witnesses in affidavits – dressing for court
Use your best available witnesses, keeping in mind that their testimony must be open to cross-examination, though it may not always be required. Their evidence may still be accepted ‘untested’.
5. Do show personal growth – dressing for court
Demonstrate that you’ve learned from past mistakes by attending relevant programs or workshops run by various family relationship centres or their referral partners. This proves self-awareness and a commitment to improvement. And let’s face it, you might actually learn something useful!
6. Don’t make unsupported claims about your child’s experiences – dressing for court
Speaking about what your child says regarding the other parent, without legal guidance, may backfire, making it seem like you’re manipulating or involving the child in adult issues. This can harm your Family Court Australia case significantly.
7. Don’t lie—especially about your past – dressing for court
Courts can access your full criminal history (including what seem to you to be minor offences when you were 17) through subpoenas, so honesty is absolutely crucial.
8. Do seek legal advice before filing your affidavit – dressing for court
This will ensure your evidence is credible, consistent (e.g. with police records), and includes all relevant details. Omitting key facts can be just as damaging as including irrelevant ones.
9. Do consider legal advice on early agreements – dressing for court
Consenting to reasonable interim orders can show the judge that you prioritise your child’s best interests over minor disputes, making your case more compelling. Don’t forget judges hear many cases every day. You might find your case is presented best if you only bring the most significant issues to the judge’s attention, rather than every small point of irritation.
Do all these things and you will present well – and don’t forget about dressing for court. Smart professional, not flamboyant party or farmers weekly.
To get sound legal advice on your Family Court Australia proceedings, please contact Canberra family lawyer Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law, on (02) 6223 2400.
Please note our blogs are not legal advice. For information on how to obtain the correct legal advice, please contact Alliance Family Law.
