What happens if someone lies to the Family Court?

Family law proceedings are based on the expectation that parties provide honest and complete information to the Court. Whether a matter involves parenting arrangements, property settlement or financial support, the Court relies on evidence provided by the parties to make decisions that are fair and, in parenting matters, in the best interests of children.

Providing false information to the Court or failing to disclose relevant information can have serious consequences.

What is false evidence?

False evidence may occur where a party:

• deliberately provides information they know is untrue;
• exaggerates or misrepresents events;
• provides misleading documents;
• makes false allegations about the other party; or
• gives dishonest evidence in an affidavit or during a hearing.

In family law proceedings, evidence is commonly provided through affidavits, financial disclosure documents and oral evidence at hearings. Parties must ensure that the information they provide is accurate and truthful. A person who knowingly provides false evidence may be found to have misled the Court.

What happens if a party lies?

The consequences depend on the seriousness of the conduct and the impact it has had on the proceedings. Possible consequences include:

Credibility findings. A party who is found to have lied may lose credibility in the eyes of the Court. This is particularly important in parenting matters where the Court often needs to decide between competing versions of events. If a Judge finds that a party has been dishonest about one issue, the Court may approach that person's other evidence with caution.

Costs orders. Although family law proceedings generally follow the principle that each party pays their own legal costs, dishonest conduct may result in a costs order being made against a party who has unnecessarily increased the length or complexity of proceedings through misleading conduct.

Adverse findings in parenting matters. False allegations or misleading evidence can significantly affect the outcome. A parent who makes exaggerated allegations about the other parent may have their credibility questioned when the Court assesses what arrangements are in the child's best interests, and the Court may also consider whether that behaviour affects a parent's ability to support the child's relationship with the other parent.

Penalties for serious conduct. In serious cases, deliberately misleading the Court may amount to contempt of court or other offences. The Court has powers to impose penalties where a person knowingly provides false information or interferes with the administration of justice.

What if the other party is hiding assets?

If a party suspects the other person has not provided full disclosure, there are steps available to obtain further information, including:

• subpoenas to banks, employers, accountants or government agencies;
• company and business searches;
• property searches;
• requests for further disclosure; and
• seeking orders from the Court requiring information to be produced.

The Court has significant powers to address non-disclosure and ensure both parties have access to relevant information.

The Court's approach

Family law proceedings are not determined simply by who makes the most allegations. The Court considers the reliability of the evidence presented and the consistency of each party's account.

A party who provides honest, balanced and reliable evidence is generally in a stronger position than a party who attempts to manipulate the process.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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