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Danger of Displaying Anger in Court

In contested cases, parties often are angry at each other. This is understandable, but displays of anger–particularly in court–usually are counterproductive. In one case, for example, a joint custody arrangement with approximately equal time sharing was not working out. Both the mother and father sought to modify custody. The court ordered the parties to attend counseling sessions, but the father would not attend because he refused to communicate directly with the mother. At the end of the case, the trial judge described the father’s conduct in court as follows: “During [the father’s] testimony he was visibly angry and his body language appeared to show a strong disliking for [the mother]. To this extent Father exhibited a lack of control of his negative feelings for Mother in the presence of the Court. The same or worse is likely outside the courtroom in the company of Mother and/or the children.” For this reason, and other reasons, the court granted sole custody to the mother, and the Idaho Supreme Court affirmed the decision.

Source: McGriff v. McGriff (Idaho 2004)



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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association