The unclean hands doctrine is a very important common law principle that focuses on providing equity and relief to the party that has applied for it while ensuring that the said party can prove to the court that the other party has acted unethically, fraudulently, or immorally in tandem with the case or legal matter in question. In simpler terms, the individual seeking relief from court must, in turn, come with “clean hands.”
This legal element is typically implemented as a line of defense by the opposing party when facing claims raised by the other party. So, for instance, if the opposing party raised the unclean hands doctrine, the court would also analyze and evaluate whether the opposing party’s hands are clean and that they have not been acting unfavorably or unjustly towards the other party.
The central purpose of this law is to provide both parties with a powerful sense of fairness. It focuses on integrity and is founded on the fact that both parties cannot be allowed to steer clear of their own wrongdoing or immoral behavior.
A Brief Look into Why This Doctrine Was Implemented in Common Law
The unclean hands principles in today’s common law legal system essentially stemmed from the equitable jurisdiction of courts. From a historical perspective, these courts adamantly provided jurisdictional and legal relief to parties in the form of non-monetary help, injunctions, etc. However, it is important to understand that the unclean hands doctrine can’t be paired with typical legal remedies, which focus on enforcing rights. Instead, the unclean doctrine is acted out based on fairness.
Throughout legal history, it was found that courts that also reiterated equity across multiple types of cases did not help or provide any relief to the parties who themselves acted unethically, fraudulently, or in bad faith. Today, this principle is used to deter unethical and manipulative behavior and conduct, becoming a powerful system that upholds equity and fairness in any judicial process, especially when you talk about family law cases such as custody battles and divorce, where the situation is particularly hostile and contentious.
Defining Unclean Hands Doctrine within the Purview of Family Law
In the domain of family law, for example, in cases such as child custody or the modification of the parenting schedule, the doctrine can be used to considerably affect the result. It is vital to take note of the fact that family law cases involve a broad spectrum of elements, particularly when it comes to divorce and custody matters. The court must evaluate a litany of things including things like ongoing relationships, obligations of both spouses, income and support factors, and much more.
Here, it becomes very important for the court to ensure that the decision is made not just in accordance with the law, but it must also ensure that both parties are treated fairly and in good faith. For instance, when a non-custodial parent petitions for the unclean hands doctrine to change the parenting schedule or modify the custody order, the judge will first analyze the applicant’s behavior and whether their actions have been in line or despite the court’s prior orders. So, if the court is presented with evidence highlighting the applicant’s misconduct, the judge can permanently bar them from ever applying for a change in custody.
Modifying Custody and the Unclean Hands Doctrine
Parenting schedules and/or the selection of the primary parent by the court are always done in line with what’s best for the child. However, the behavior of both parents is stringently analyzed during a custody case and depending on how they act, can significantly impact the court’s decision on which parent will get primary care. Considering this, here are some relevant examples that constitute an unclean hands doctrine.
Visitation Rights are Violated
If one parent (be it the noncustodial or primary parent) disrespects that court’s visitation order and actively disrupts it, meaning, not letting the other parent spend time with their child (as per the parenting schedule) or deliberately obstructs the other parent’s access to their kid, the other parent can file an unclean hands motion against them. The court will look at such violations with contempt as they threaten the quality of life of the child and may (based on evidence) modify custody.
Alienating the Other Parent
A primary or noncustodial parent engaged in pulling the child away from the other parent by either emotionally brainwashing the child by saying how bad the other parent is or actively maligning them by making derogatory statements. This behavior is seen by the court as inequitable and can compel the judge to modify the custody arrangement.
Not Respecting the Court’s Orders
Willful neglect of the court’s orders (pertaining to the child custody case) such as not showing up for court-ordered mediation or blatantly disregarding the parental visitation plan can also be grounds for modification of child custody based on the unclean hands’ doctrine.
False or Contemptuous Motions
Filing for baseless motions just out of spite of the other parent rather than discussing what should be in the best interests of the child is also something that is seen unfavorably by the court and will be counted as bad faith conduct.
The Unclean Hands Doctrine in the Purview of Support Modifications
Here are some ways where the unclean hands doctrine can come into play when it comes to being neglectful or devious of the court’s support order.
Hiding Your Income and/or Assets
A person who is revealed to be hiding their income and/or assets just so that the court will minimize their support obligations is going to be barred from ever asking the court for a support modification thanks to the unclean hands’ doctrine.
Support Arrears or Failure to Make Payments
A parent who owes alimony or child support payments is running in arrears and is doing nothing to improve their financial situation (like seeking employment, etc.)., can also be barred from asking the court for relief.