Offering false statements below oath inside authorized proceedings constitutes a criminal offense. Particularly, in home relations instances, making untruthful declarations carries important authorized ramifications. Such actions undermine the integrity of the judicial course of and may result in extreme penalties for the person concerned. As an illustration, if a guardian knowingly offers false details about their earnings to keep away from baby assist obligations, they could possibly be topic to prosecution.
Sustaining honesty and accuracy in courtroom is paramount. The courtroom system depends on truthful testimony to make knowledgeable choices that influence households and youngsters. Historic precedents and authorized frameworks emphasize the significance of veracity in authorized settings. Upholding this precept ensures equity and fairness for all events concerned within the case. Deceitful testimony compromises the basic targets of justice throughout the household courtroom system.
The next sections will delve into the particular penalties one would possibly face for making false statements, together with potential prison fees, impacts on the speedy household legislation case, and long-term repercussions on one’s authorized standing. Understanding these penalties is important for all members within the authorized course of.
1. Legal fees filed
When a person chooses to deviate from the reality whereas below oath in household courtroom, they expose themselves to extra than simply unfavorable rulings. The choice to commit an act of dishonesty opens the door to the opportunity of formal prison accusations. This escalation dramatically alters the panorama of the authorized battle, remodeling what started as a home matter into a possible prison prosecution.
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Initiation of a Legal Investigation
After the perjury has been suspected or uncovered, usually by way of contradictory proof or witness testimony, the courtroom or opposing counsel could provoke a proper investigation. Regulation enforcement companies, usually native police or the district lawyer’s workplace, then start gathering proof to find out whether or not a criminal offense has been dedicated. This course of consists of interviewing witnesses, reviewing courtroom transcripts, and scrutinizing any out there documentation. The investigation acts as a major turning level, marking the shift from a civil dispute to a possible prison case.
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Formal Accusation and Arraignment
If the investigation yields ample proof, the person who offered the false testimony could also be formally charged with the crime. The particular cost will range based mostly on the jurisdiction and the severity of the falsehood. The arraignment follows, the place the defendant is formally offered with the costs, knowledgeable of their rights, and given the chance to enter a plea. The defendant’s actions at the moment are seen not merely as a misstep inside a household matter however as an offense towards the state’s justice system.
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Burden of Proof
In a prison case, the burden of proof rests on the prosecution to show past an affordable doubt that the defendant knowingly and deliberately made false statements below oath. This customary is considerably increased than the preponderance of the proof customary utilized in civil instances like these in household courtroom. Efficiently proving perjury requires establishing not solely the falsity of the assertion but additionally the intent to deceive, which may contain presenting corroborating proof or demonstrating motive. The excessive customary necessitates an intensive and compelling case, putting extra strain on the prosecution.
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Potential Penalties Upon Conviction
A conviction for offering false statements can result in quite a lot of penalties. These could embody incarceration, starting from days in jail to years in jail, relying on the severity of the perjury and the jurisdiction’s sentencing tips. Monetary penalties, reminiscent of substantial fines, may be imposed. Moreover, a prison document ensuing from a perjury conviction can have long-term penalties, affecting employment prospects, skilled licensing, and the power to journey internationally. The ripple results of a perjury conviction prolong far past the speedy courtroom setting.
The development from a household courtroom dispute to prison fees showcases the gravity with which the authorized system regards truthfulness. A single occasion of deception can set off a series of occasions resulting in arrest, prosecution, and doubtlessly, a life-altering conviction. People who ponder offering false statements should fastidiously weigh the extreme and lasting ramifications of such an motion. The pursuit of a desired end result in household courtroom ought to by no means come at the price of honesty and integrity.
2. Imprisonment penalties
The specter of imprisonment looms giant within the aftermath of constructing false statements below oath in household courtroom. It represents essentially the most extreme finish of a spectrum of penalties, a tangible consequence for undermining the very basis of justice. The hyperlink is direct and unforgiving: deliberate dishonesty, confirmed and prosecuted, can strip away freedom, confining a person throughout the partitions of a correctional facility. This potential lack of liberty serves as a stark deterrent, a warning etched into the authorized panorama.
Think about the case of a contentious divorce the place one occasion, determined to retain custody of their youngsters, manufactures proof of the opposite mother and father unfitness. If this fabrication is revealed in courtroom, and efficiently prosecuted as perjury, the implications prolong far past a easy lack of the custody battle. The perjurer faces the opportunity of incarceration, the size of which is dictated by components such because the severity of the false assertion, the influence on the case, and the jurisdiction’s sentencing tips. This time spent incarcerated will not be merely a punishment; it’s a reckoning for trying to control the authorized system, a system constructed upon the presumption of fact.
The specter of imprisonment, due to this fact, is greater than only a authorized footnote. It is a central aspect of the deterrent mechanism towards dishonesty in household courtroom. It underscores the gravity with which the authorized system views the pursuit of non-public achieve on the expense of fact. Understanding this potential consequence will not be merely educational; it is a sensible necessity for anybody coming into a courtroom, a reminder that honesty is not only an ethical crucial, however a authorized one, with the potential for profound implications on one’s freedom.
3. Affect on case end result
The pursuit of a positive judgment in household courtroom can generally overshadow the sanctity of fact. But, the ripple results of dishonesty, particularly making false statements, resonate most profoundly within the very enviornment the place the deceit was sown: the case’s final decision. This influence will not be merely a theoretical consideration however a tangible actuality, shaping the long run trajectories of households and people entwined in authorized battles.
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Erosion of Belief and Credibility
When falsehoods floor, the muse of belief upon which the whole case rests begins to crumble. The presiding choose, tasked with discerning fact from fabrication, inevitably views the perjurer with suspicion. Each subsequent assertion, piece of proof, or argument offered by that particular person turns into tainted. This erosion of belief extends past the speedy courtroom, influencing how opposing counsel, witnesses, and even future courts understand the perjurer. A historical past of dishonesty casts an extended shadow, doubtlessly undermining future authorized endeavors and private relationships. The burden of regaining misplaced credibility is usually insurmountable, ceaselessly altering the panorama of the case.
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Nullification of Favorable Rulings
Suppose a guardian secures a custody association based mostly on fabricated allegations of abuse towards the opposite guardian. Ought to that deceit be uncovered, the custody order, nonetheless favorable initially, is topic to speedy re-evaluation. The courtroom, recognizing the manipulation, has the facility to nullify the prior ruling, doubtlessly awarding custody to the wronged guardian or implementing a drastically completely different association. The pursuit of a short-term victory by way of dishonesty can lead to a much more devastating long-term loss, because the courtroom seeks to rectify the injustice and defend the weak events concerned.
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Compromised Negotiations and Settlements
Household legislation instances ceaselessly contain negotiations and settlement discussions aimed toward reaching a mutually agreeable decision. Offering false statements poisons the properly of those negotiations. The opposing occasion, conscious of the dishonesty, turns into much less inclined to compromise or make concessions, suspecting ulterior motives and hidden agendas. The whole course of turns into adversarial and protracted, delaying decision and growing authorized prices. What may need been a clean path in the direction of settlement turns into a treacherous terrain riddled with mistrust and animosity.
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Authorized Ramifications and Appeals
The revelation of false statements can set off authorized challenges and appeals aimed toward overturning earlier choices. The wronged occasion, armed with proof of dishonesty, can petition the courtroom to rethink the case in mild of the brand new proof. These appeals can drag on for months and even years, prolonging the emotional and monetary pressure on all events concerned. The preliminary act of dishonesty, meant to expedite a positive end result, as an alternative opens the door to extended authorized battles and the ever-present risk of reversal. The pursuit of a swift victory turns into a quagmire of authorized complexities.
Dishonesty in household courtroom does not merely vanish into the document books. It reverberates by way of each facet of the case, impacting not solely the speedy end result but additionally the long-term well-being of the people concerned. The implications are far-reaching, able to remodeling a seemingly advantageous place right into a authorized and private catastrophe. Finally, the hunt for justice calls for adherence to fact, for it’s upon that basis that equitable resolutions and lasting peace will be constructed.
4. Lack of credibility
The courtroom stood silent, save for the rustle of papers and the hushed whispers amongst observers. A father, embroiled in a bitter custody dispute, had offered what appeared like irrefutable proof of the mom’s neglect. The case hinged on these accusations, and for a time, it appeared the daddy would prevail. However then got here the unraveling. A discrepancy, a forgotten element, a witness courageous sufficient to talk the reality – all converged to show the daddy’s fabrications. It wasn’t simply that his proof was flawed; it was demonstrably, deliberately false. In that second, one thing invaluable was misplaced: credibility. This loss, inextricably linked to offering false statements, grew to become his defining attribute within the eyes of the courtroom.
The lack of credibility in household courtroom acts as a multiplier for each different consequence stemming from dishonesty. It’s not merely a parallel impact however a foundational shift in how a person is perceived. Authorized professionals start viewing this particular person by way of a lens of suspicion. Any future argument, piece of proof, or testimony is now burdened by the load of that preliminary deceit. Think about a state of affairs the place a celebration downplays their earnings to keep away from spousal assist obligations. If this falsehood is revealed, and the courtroom acknowledges the intent to deceive, the ramifications prolong past merely paying the owed assist. The person’s credibility is shattered, impacting their potential to barter pretty, obtain favorable rulings on different issues (reminiscent of visitation rights), and even be taken critically in future authorized disputes. The loss turns into a self-perpetuating cycle, the place previous dishonesty casts a perpetual shadow on current and future actions.
The story of the daddy, and numerous others like him, underscores a basic fact: the pursuit of authorized benefit by way of dishonesty is a pyrrhic victory. For whereas a brief benefit is likely to be gained, the long-term price – a completely tarnished status and diminished credibility – far outweighs any short-term positive factors. The household courtroom system, whereas complicated and sometimes emotionally charged, rests on the bedrock of fact and integrity. Undermining that basis not solely invitations authorized penalties but additionally erodes the very material of belief crucial for honest and simply resolutions. Restoring misplaced credibility is an arduous, usually unimaginable process, leaving a long-lasting scar on one’s authorized and private life. The lesson stays: fact, although generally tough, is the one sustainable path by way of the authorized maze of household courtroom.
5. Monetary penalties imposed
The courtroom buzzed with a nervous power. Elena, a single mom preventing for custody of her youngsters, had been caught in a lie. Shed exaggerated her ex-husbands consuming habits, hoping to sway the choose in her favor. The deception, nonetheless, was short-lived. A former neighbor testified to Elena’s personal struggles with dependancy, portray a far completely different image than the one she offered. The choose, visibly displeased, did not simply rule towards Elena; he levied a considerable tremendous. This was greater than a mere slap on the wrist. It was a tangible consequence straight linked to her deliberate act of dishonesty: monetary penalties imposed for making false statements in household courtroom. The quantity, calculated based mostly on the severity of the lie and the potential influence on the case, was important, threatening to destabilize her already precarious monetary state of affairs.
These monetary penalties are usually not arbitrary. They function a deterrent, a stark reminder that fact issues throughout the judicial system. The courtroom understands that dishonest testimony can extend authorized proceedings, enhance prices for all events concerned, and finally, undermine the pursuit of justice. Think about a state of affairs the place a celebration intentionally hides property throughout a divorce to keep away from equitable distribution. As soon as uncovered, that deception not solely results in a much less favorable settlement but additionally topics the person to monetary sanctions. These can embrace fines payable to the courtroom, reimbursement of the opposing occasion’s authorized charges incurred whereas uncovering the fraud, and even punitive damages designed to punish the dishonest conduct. Such penalties serve a twin goal: compensating the wronged occasion and discouraging related habits in future instances. They underscore the courtroom’s dedication to sustaining the integrity of the authorized course of.
Understanding the potential for monetary penalties is essential for anybody concerned in household courtroom proceedings. Its a reminder that honesty is not only an ethical crucial however a sensible one. The attract of a seemingly advantageous lie will be tempting, however the long-term prices each monetary and reputational are sometimes far larger than any perceived profit. The story of Elena serves as a cautionary story. Her try to control the courtroom not solely backfired spectacularly but additionally left her dealing with important monetary hardship, a consequence straight linked to her act of offering false statements. The burden of that call would form her future for years to come back, a stark reminder that fact, whereas generally tough, is all the time the extra prudent path.
6. Broken household relationships
The implications of constructing false statements in household courtroom ripple outward, impacting way over simply authorized outcomes. Among the many most devastating is the corrosive impact on interpersonal connections, notably the intricate net of relationships inside a household unit. What begins as an try to achieve a bonus in a authorized battle can unravel years of belief and affection, abandoning irreparable fractures and lasting resentment.
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Mum or dad-Youngster Alienation
Think about a state of affairs the place one guardian falsely accuses the opposite of abuse, hoping to safe sole custody. Even when the accusation is finally disproven, the injury is completed. The kid could have been uncovered to the allegations, resulting in concern, confusion, and a distorted notion of the accused guardian. This can lead to alienation, the place the kid actively rejects or avoids contact with the focused guardian, usually fueled by refined (or not-so-subtle) manipulation. The bond between guardian and baby, as soon as a supply of affection and safety, turns into strained and fraught with rigidity, a consequence straight stemming from the false assertion made in courtroom.
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Sibling Discord
Household courtroom battles usually pit siblings towards each other. When one sibling offers false testimony to assist a guardian’s declare or to achieve a bonus in an inheritance dispute, it might shatter the fraternal bond. The betrayed sibling could really feel anger, resentment, and a deep sense of betrayal. The shared historical past and sense of loyalty that after outlined their relationship are changed by distrust and animosity. Repairing this injury will be extremely tough, because the false assertion turns into a everlasting stain on their shared previous.
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Spousal Resentment and Breakdown of Belief
In divorce proceedings, dishonesty is sadly frequent. One partner would possibly falsely accuse the opposite of infidelity, monetary mismanagement, or substance abuse. Even when the accused partner is finally vindicated, the accusation leaves a long-lasting scar. The belief that shaped the muse of the wedding erodes, changed by suspicion and bitterness. Rebuilding that belief, even within the context of a post-divorce co-parenting relationship, turns into practically unimaginable. The false assertion turns into an emblem of the betrayal and animosity that finally destroyed the wedding.
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Prolonged Household Fallout
The influence of perjury extends past the speedy household unit, affecting grandparents, aunts, uncles, and cousins. False accusations can divide households alongside partisan strains, with some members siding with the accused and others with the accuser. This could result in estrangement, vacation gatherings full of rigidity, and a basic sense of unease throughout the prolonged household community. The false assertion turns into a wedge, driving aside people who had been as soon as intently related.
These fractured relationships function a stark reminder of the devastating penalties of constructing false statements in household courtroom. What begins as a authorized technique can rapidly escalate into a private tragedy, abandoning a legacy of ache and resentment that may final for generations. The pursuit of a positive end result ought to by no means come at the price of honesty and integrity, for the true worth of perjury is usually measured not in authorized penalties, however within the damaged bonds of household.
Regularly Requested Questions About False Statements in Household Court docket
The world of household courtroom is usually fraught with emotional complexities. Amidst custody battles, divorce proceedings, and assist disputes, the temptation to bend the reality can come up. Nonetheless, the implications of constructing false statements below oath are extreme. These ceaselessly requested questions goal to make clear the ramifications of such actions.
Query 1: Is offering false details about earnings thought of a false assertion if offered in household courtroom?
Sure. A lady, embroiled in a contentious divorce, drastically understated her earnings on official courtroom paperwork. This misrepresentation, meant to reduce spousal assist obligations, constituted a deliberate try to deceive the courtroom. Proof surfaced revealing hidden financial institution accounts and unreported earnings. Her actions met the authorized definition of perjury. Submitting false monetary data, below oath, carries the identical weight as another type of deliberate falsehood within the eyes of the legislation.
Query 2: Can an announcement be thought of a false assertion whether it is later confirmed to be inaccurate, however was believed to be true on the time it was made?
No, not essentially. A person, whereas testifying about his ex-wife’s residing preparations, acknowledged that she had a number of in a single day company every week. Later investigation revealed that he had overestimated the frequency of those visits. If it may be confirmed that he genuinely believed his assertion to be correct on the time, even when mistaken, it might be unlikely to be thought of a deliberate falsehood. The essential aspect is intent. For an announcement to represent an act of dishonesty, it have to be confirmed that the person knew the knowledge was false and deliberately offered it as fact.
Query 3: What’s the distinction between making a false assertion and easily exaggerating or embellishing a narrative?
The road will be blurry, however the authorized distinction is important. A father, recounting an incident involving his baby and the kid’s mom, embellished the story to painting himself as extra heroic and the mom as extra neglectful. Whereas his account was exaggerated, the core information remained true. Exaggeration, whereas ethically questionable, differs from a direct, demonstrable falsehood. Offering false data includes stating one thing as truth that’s demonstrably unfaithful, with the intent to deceive. The previous could injury credibility; the latter invitations authorized repercussions.
Query 4: If a celebration recants or corrects a false assertion earlier than it considerably impacts the case, does it negate the opportunity of prison fees?
Recanting a false assertion can mitigate the potential penalties, but it surely doesn’t assure immunity from prosecution. A lady, realizing she had misrepresented her historical past with substance abuse throughout a custody listening to, instantly corrected her testimony. Whereas her immediate recantation demonstrated a willingness to rectify her mistake, the choice to pursue prison fees finally rests with the prosecuting lawyer. Components such because the severity of the preliminary falsehood, the timing of the recantation, and the potential influence on the case will all be thought of.
Query 5: Can a lawyer be held accountable in the event that they unknowingly current false data offered by their shopper in household courtroom?
Legal professionals function below moral obligations to symbolize their purchasers zealously, however this obligation doesn’t prolong to knowingly presenting false data. If a lawyer fairly believes their shopper is being dishonest, they’ve a accountability to research and doubtlessly withdraw from the case. If, nonetheless, a lawyer unknowingly presents false data offered by their shopper, they’re usually not held liable, offered they acted in good religion and had no motive to suspect the knowledge was unfaithful. The accountability for veracity lies primarily with the person offering the testimony.
Query 6: Apart from prison fees, what different destructive penalties may end up from making false statements in household courtroom?
Past the specter of imprisonment and monetary penalties, there exists a cascade of potential repercussions. A person, caught offering false details about his monetary property, confronted not solely authorized sanctions but additionally irreparable injury to his status. His skilled license was revoked, and his relationships with relations grew to become strained. The lack of credibility, the erosion of belief, and the social stigma related to dishonesty can have long-lasting results, far outweighing any perceived short-term positive factors from the false assertion.
These questions illustrate the gravity of truthfulness in household courtroom. Making false statements, whether or not intentional or reckless, can have devastating penalties, impacting authorized outcomes, private relationships, and future alternatives. Honesty, whereas generally tough, stays the one sustainable path by way of the complexities of household legislation.
The next part will delve into methods for navigating household courtroom proceedings with integrity, making certain that fact and equity prevail.
Navigating Household Court docket with Integrity
Household courtroom is a high-stakes enviornment. Feelings run excessive, and the need to guard one’s pursuits will be overwhelming. However the pursuit of a positive end result mustn’t ever come on the expense of fact. The next suggestions provide steerage on navigating household courtroom proceedings with integrity, serving to to keep away from the devastating penalties of constructing false statements.
Tip 1: Scrutinize Each Doc
Earlier than signing any affidavit, monetary assertion, or different authorized doc, meticulously evaluate each element. Guarantee accuracy and completeness. Don’t rely solely on reminiscence or assumptions. If uncertain a few specific piece of knowledge, seek the advice of with authorized counsel or collect supporting documentation. A small oversight will be misinterpreted as a deliberate try to mislead, resulting in damaging repercussions. A person, speeding to file his monetary disclosure, inadvertently underestimated his earnings. Although unintentional, the error raised suspicion and extended the proceedings. Double-checking and in search of skilled steerage might have prevented this state of affairs.
Tip 2: Train Warning in Testimony
When offering testimony below oath, be aware of each phrase spoken. Pause, mirror, and reply questions straight and in truth. Keep away from hypothesis, assumptions, or sweeping generalizations. If unsure a few element, acknowledge the uncertainty quite than trying to manufacture a solution. Keep in mind that even seemingly insignificant inconsistencies will be exploited to undermine credibility. A lady, exaggerating the frequency of her ex-husband’s late arrivals to custody exchanges, discovered her complete testimony questioned when safety footage revealed a special actuality. Truthfulness, even when inconvenient, is all the time the most secure course.
Tip 3: Search Authorized Counsel Early and Usually
Navigating the complexities of household legislation requires knowledgeable steerage. Have interaction authorized counsel early within the course of and keep open and sincere communication all through. An lawyer can advise on the authorized implications of varied actions, assist put together correct and complete documentation, and supply assist throughout tough negotiations. An lawyer can even act as an important buffer, making certain that feelings don’t cloud judgment and result in regrettable choices. A person, tempted to cover property throughout a divorce, consulted together with his lawyer, who defined the potential penalties of perjury. The lawyer’s counsel steered him away from a call that might have had devastating repercussions.
Tip 4: Resist the Urge to Exaggerate or Embellish
Within the warmth of a household courtroom battle, the temptation to color a extra favorable image of oneself or a extra destructive image of the opposing occasion will be overwhelming. Resist this urge. Exaggeration, embellishment, and selective omissions can rapidly unravel, exposing the underlying dishonesty and undermining credibility. Keep on with the information, even when they don’t seem to be totally flattering. A lady, desperate to display her superior parenting expertise, overstated her involvement in her youngsters’s extracurricular actions. The opposing counsel, presenting proof on the contrary, successfully discredited her complete testimony.
Tip 5: Preserve Emotional Composure
Household courtroom proceedings are inherently emotional. Anger, resentment, and concern can cloud judgment and result in impulsive actions. Try to keep up emotional composure all through the method. Observe mindfulness methods, search assist from trusted associates or relations, or take into account participating a therapist to assist handle stress and nervousness. A relaxed and rational demeanor not solely tasks credibility but additionally reduces the probability of constructing rash choices or offering inaccurate data within the warmth of the second. A person, overwhelmed by the stress of a custody battle, lashed out throughout a listening to, making unfounded accusations towards his ex-wife. His emotional outburst not solely broken his credibility but additionally resulted in sanctions from the courtroom.
Tip 6: Protect All Documentation
Fastidiously protect all paperwork related to the household courtroom case, together with monetary information, correspondence, images, and different supporting proof. These paperwork can function invaluable sources for verifying data, refreshing recollections, and difficult false claims. A well-organized and complete assortment of documentation can strengthen one’s place and cut back the probability of unintentional inaccuracies. A lady, accused of mismanaging marital property, was capable of refute the allegations by presenting detailed monetary information that documented each transaction. Her meticulous record-keeping proved her innocence and preserved her status.
Adhering to those rules won’t solely reduce the chance of inadvertently making false statements however will even foster a way of integrity and promote a extra equitable end result in household courtroom. Bear in mind, the pursuit of fact, whereas generally difficult, is all the time essentially the most sustainable and finally, essentially the most rewarding path.
In conclusion, navigating the complexities of household courtroom requires not solely authorized acumen but additionally unwavering dedication to honesty. By prioritizing truthfulness, people can defend themselves from the devastating penalties of perjury and contribute to a extra simply and equitable authorized course of.
The Value of Deceit
This exploration into what occurs should you commit perjury in household courtroom reveals a panorama fraught with peril. It extends far past easy authorized missteps, encompassing potential prison fees, devastating monetary penalties, irreparable injury to credibility, and the heartbreaking destruction of household bonds. Every consequence, from the lack of freedom to the alienation of kids, serves as a stark reminder of the gravity with which the authorized system regards truthfulness below oath.
Think about the story of a father, determined to win a custody battle, who fabricated proof of abuse. His short-sighted deception finally led to his personal downfall, imprisonment, and the shattering of his relationship together with his youngsters. His story will not be distinctive. It echoes by way of numerous household courtrooms, a testomony to the enduring precept that honesty, although generally tough, stays the one stable basis upon which to construct a simply and equitable decision. The pursuit of a positive end result mustn’t ever eclipse the basic dedication to fact, lest the value of deceit develop into a burden too heavy to bear.
