How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4508
Experience:  LLB (Hons)
Type Your Family Law Question Here...
SASH_Law is online now

If custody hearings reach court will the court take into

Customer Question

Hi. If custody hearings reach court will the court take into account allegations each party has made about the other (unsubstantiated)? Or will the court look at the bigger picture in terms of stable residence, childcare capabilities to reach an agreement on joint custody.
Submitted: 19 days ago.
Category: Family Law
Expert:  SASH_Law replied 19 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. The court will look at the evidence provided to it, to ensure the welfare of the child. Therefore if each party are making allegations, the court will want to assess whether those allegations will have an impact on the child and whether they should affect the arrangements forthe child. If the allegations are considered serious enough and the court doesn't know who is telling the truth, then they can hold a fact finding hearing, whereby each party puts forward their allegations in a list along with a witness statement and evidence is given and cross examinedin court. The court makes findings and then decides what to do about the child arrangements.

In short, unsubstantiated or not, if either parent makes allegations the court is duty bound to review those allegations to ensure the child is safe.

The following is useful info to assist you with the site:

  1. I have found that every question asked in my field of expertise can be answered online; I am not available for phone calls.
  2. The site does automated pop ups for calls, if you inadvertently click for a phone call but don’t want one, kindly refer the matter directly to customer services so that they can assist you.
  3. Customer services no. is:(###) ###-####9374
  4. Please note that you have paid for an answer to your initial query – if detailed review of documents is required, then this is likely to attract a premium service offer.
  5. Please note this is a Q&A site – there is no client/lawyer relationship involved. You are a customer of Just Answer.
  6. If it is a weekend, or evening/late, please be aware that responses may be slower. This is NOT a chat service, it is email based.