Duty of Disclosure: Part Two

Last time, we discussed the duty of disclosure in family law property matters. In this blog, we cover the duty of disclosure when a dispute involves parenting issues.  

In parenting matters, parties are again required to make a full and frank disclosure of all information relevant to the issues in the case. It’s important to note that this duty remains in force until the case is finalised and any new or changed information must be disclosed, in a timely manner.

The duty of disclosure in a parenting case can, in some cases, be more onerous than that in a property matter and should always be taken seriously.

What do you have to disclose?

Types of documents to disclose in a parenting matter include, but are not limited to:

• School reports
• Medical and expert reports
• Letters and drawings by the child/children if relevant; and
• Photographs.

If you are unsure about what to disclose, you should seek advice from an experienced Family Lawyer.

What happens if you fail to disclose?

As with property matters, failing to meet the duty of disclosure can have serious ramifications for a case. You may be prevented from using a document which you have failed to disclose, the other party may seek for you to pay their legal costs, your lawyer may be prevented from continuing to act for you and in some cases, the matter could be dismissed altogether.

To discuss your family law matter with an experienced legal professional, please contact us today.

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.