A child custody battle with an ex-partner can be one of the most emotional and stressful experiences a parent can go through. You may feel that it would be better for your child or children to live with you instead of your ex-partner and you will need to prove this to the Court – but how do you do this?
To win custody or residence you must present best evidence to the Court. Here are some top tips to follow:
-
Documentary Evidence / Corroboration
You will need to file a very detailed witness statement and full chronology of events.
Make sure your own witness statement tells the Court the whole story and why it would be better for the child or children to be living with you instead of your ex-partner.
If possible, exhibit documents to verify what your testimony says, such as school reports, records of medical or dental appointments and attendance/achievement certificates, etc., which will help support your testimony.
-
Witnesses
Call evidence from key witnesses who can corroborate what you are saying in your testimony.
Have they seen you or your ex-partner with the kids? What can they tell the Court in support of your case? Can they tell the Court what you’ve done and how much you can offer the children?
-
Create a Photo Album
Go through your photographs and make up an album for the Judge.
Letting the Court have a good selection of pictures showing you with your child or children having a great time is powerful.
-
Colour Coded Calendar
Put your dates on a colour coded calendar to show when your child or children will be with you and your ex-partner. If you have kept a record of earlier years attach this to your statement so that the Judge can see a pattern of behaviour.
Seeing a colour coded calendar will make the Judge aware of just how much the time the children have, or will have, with you. Making it simple for the Judge will make it easier for them to make a judgement in your favour.
-
Social Media
Harness the power of social media and use this to bolster your evidence base. Is your ex-partner writing outrageous posts aimed at you about the children?
Catalogue all of this with times and dates and use their own posts and photos in support of your case.
-
Dress to Impress
When you attend Court take care with your appearance and present yourself at your best.
The Judge will be looking very closely at you, having read and considered all of your papers and documents. Dressing well is your way of telling the Judge that you respect the Court and their authority. It shows that you are taking the matter seriously and want the orders you have applied for.
And finally…
-
Get the Right Solicitor
Getting the right solicitor can be the difference between winning and losing your case. Instruct your solicitor when you begin to think about going to Court – the sooner you have advice, the better. A good solicitor will assess the evidence you have, tell you what to include, advise you on the timing of your application and guide you through the legal minefield.
A good solicitor will help you get the best result in your case and protect you in Court.
How Nelsons Solicitors Can Help
Melanie Bridgen is a Partner in Nelsons’ Family Law team.
If you would like further advice in relation to this subject, please contact one of our expert care proceedings team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via the online form.