So as not to raise a bald allegation, the particulars given of the marital discord become very detailed. This leads to the problem of the affidavit. The nature of a family law case is that the interim motion is often the most important single event in the proceeding. In the last five years, the number of motions in family law has increased by 150 percent. Evidence is presented by affidavit.
Human nature is such that it is far easier to lie on paper than in the witness box.
As barristers, we worry lest an allegation go unanswered. We therefore respond in kind and this continues the snowball on its course down that treacherous hill. The loss of custody relegates one parent to inferior status, diminishes the person's importance in the child's life. Where men lose custody of their children, they are more inclined to drift away from the child. The custodial parent then often becomes, in effect, a single parent - most often working full time.