How the Court Finds the Truth

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Few things are more distressing than seeing untrue statements about you in family law proceedings.
Whether it’s an exaggerated affidavit, false allegation, or selective version of events, it can feel deeply unfair — especially when your integrity is questioned.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a concern raised in almost every high-conflict matter.

“It’s confronting when someone you once trusted is telling a completely different story in their court material,” she says. “But the important thing to remember is that the Court has well-established processes for testing the truth.”

How the Court Tests Evidence

In family law, the Court doesn’t accept every claim at face value. Judges make decisions based on evidence, not emotion.

“The Court looks for corroboration — that means supporting material, consistency across documents, and whether a person’s account holds up under cross-examination,” Melody explains. “If something doesn’t add up, it will usually come to light.”

Evidence may include:

• Independent documents such as school records, financial statements or text messages

• Reports from experts (for example, psychologists, family consultants, or property valuers)

• Testimony from third parties

• Objective timelines or factual inconsistencies

“Experienced judges see thousands of cases,” Melody adds. “They are very good at identifying patterns of exaggeration, manipulation or deceit.”

Staying Credible Is Your Best Strategy

When facing dishonest claims, the natural response is to want to fight fire with fire — but Melody says this is rarely effective.

“The most powerful thing you can do is stay calm and credible,” she explains. “The Court values consistency, honesty and measured responses. If your evidence is clear, factual, and supported by documentation, it speaks for itself.”

At Wallen Family Law, the team helps clients present their material in a way that demonstrates reliability and transparency.

“That includes checking your affidavit for accuracy, cross-referencing timelines, and ensuring your story is supported by independent evidence,” Melody says. “You don’t need to shout to be believed — you just need to be precise.”

Addressing False Allegations

False or exaggerated allegations can have serious consequences, particularly in parenting matters.
“The Court is alert to the possibility of false claims used as leverage,” Melody says. “But it also takes most allegations seriously until tested.”

This is why proper evidence — rather than emotional reaction — is key.

“We help clients gather and present information systematically, so the truth is revealed through the process,” she adds. “If necessary, we can also request subpoenas or expert reports to verify key details.”

Perjury and Misleading the Court

Making deliberately false statements under oath is a serious offence known as perjury. While prosecutions are rare, the Court can and does draw adverse inferences about a person’s credibility.

“If a party is caught lying, their entire case can be undermined,” Melody explains. “A judge who finds a witness unreliable may discount their evidence entirely. Credibility is everything in family law.”

Quick Answers

What happens if my ex lies in their affidavit?
The Court will assess all evidence and look for inconsistencies. False claims often unravel under questioning or when compared to documents.

Can I prove they’re lying?
Yes — through evidence, cross-examination, and documentation that contradicts their version of events.

Will the Court punish them for lying?
Possibly. The Court can issue cost orders, draw negative inferences, or in extreme cases refer the matter for perjury investigation.

What should I do if I’m accused unfairly?
Stay calm and focus on presenting the truth. Gather documentation, avoid emotional responses, and let your lawyer handle the legal rebuttal.

How do I protect my credibility?
Be completely honest in all your material — even about details that don’t favour you. Judges value transparency and consistency above all.

From Melody

“When someone lies in family court, it feels personal — but the process is designed to uncover the truth. Our role is to keep you steady, focus on the evidence, and ensure your story is presented clearly and credibly. In the end, facts carry more weight than emotion.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law