Very often a client will tell me he or she wants the best possible outcome in a divorce case. He or she may want the other Parent to have diminished time with their child. Much of the time this parent thinks they are protecting their child from what they see to be a bad person. They have confused their failed relationship with this person with a failed parent, which is an entirely different thing. I take a different approach…is my client’s position a reasonable one that I can justify to the Judge? The one issue that must remain on a client’s mind is this: Will a third party (read the Judge) find my position reasonable?
I find this one of the most important and effective of tools to obtain good and fair results in the courtroom, even when I can’t achieve every single one of my client’s goals. Reasonableness speaks to credibility. It also assumes that possibility of some win-win, and enables the Court to feel it has achieved substantial justice. Judges don’t generally like giving one side everything they ask for, unless of course they are really displeased at the other side.
By staking out a position that the judge will find thoughtful and reasonsable, you may gain wiggle room in other areas that you deem to be more important. Winning in Family Court means everyone walks out a winner. And a very happy Judge.