Part 7 on…
THE GOLDEN RULES OF LITIGATION
Remember, success in litigation depends on three things: the facts, the law and the presentation; that is:
1 how strong and reliable your evidence is to establish the facts;
2 whether the law can be used in your favour;
3 how clearly and coherently you present your case.
So with that in mind, here’s number 7…
THE DOs
7. KNOW HOW THE LAW APPLIES TO THE FACTS
This is a 2 part idea. Positive and negative. THIS IS YOUR CASE. This is who you call as a witness and who you don’t. This is what you ask your witnesses and what you cross-examine your ex’s about.
You have your application for parenting orders (either as applicant or respondent), all your documents, videos, affidavits, and witnesses there. How does the law apply to all that. Or more accurately where does your application and all evidence fit to the law to prove your application, to answer every single question / point of law that the Judge must consider?
How does the facts (both good and bad) show the judge that your parenting order answers these points better than your ex’s parenting order does?
A Quick tip.
Write a closing argument first, showing how everything in your case proves, your parenting application answers the sections in Part VII — Children.
List out every witness and what they’re going to say, as if they said it, every video, recording, document, receipt, parenting course certificate, birthday and fathers day card, under each section showing how they prove those key points / questions. List out what you have from your ex or what you think she will try to bring as evidence to prove her application under these sections.
Look it over. You have the facts. You have the law. You have the facts answering each section of the law.
Can Part VII — Children (the law) be used in your favour?
If yes, you have your case and you can win. Not easily. Never easily. But, you can win.
Want to know more? Join the club.
