Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?

Question

I followed a court order in my divorce/custody case, but due to a court error, it appeared I hadn't complied. The court clerk acknowledged the mistake. Despite this, opposing counsel immediately accused me in their declaration, stating, "Petitioner's actions and stonewalling demonstrate abusive discovery tactics... refuses to follow Court's rules." I included this in my declaration. How do courts typically view such baseless accusations without verification at the custody hearing?

James L. Arrasmith · Answer

In custody cases, courts prioritize facts and evidence over unsupported allegations. If you have documented proof, such as the court clerk's acknowledgment of the error, that you complied with the court order, the court is likely to focus on this evidence rather than on opposing counsel's accusations. Bringing the error to the court's attention and demonstrating that it was not your fault is crucial in establishing your credibility. 
 
At a custody hearing, judges tend to look unfavorably on parties or attorneys who make baseless claims without verifying the facts. Opposing counsel's aggressive statements could potentially backfire if the court sees them as attempts to mislead or manipulate the process. By presenting clear, factual information, you help the judge make a fair decision based on the actual situation rather than on inflammatory rhetoric. 
 
To prepare for the hearing, gather all relevant documents, including the court clerk's acknowledgment of the mistake and your compliance records. Address the accusation calmly and factually, and emphasize your commitment to following court rules. This approach will help you maintain credibility and focus the court's attention on the merits of your case.

Q: Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?