False Accusations of Abuse

Twice in the past four months I have had to defend false accusations of abuse in child custody proceedings. While it is understood how both judges and the Courts choose to "err on the side of caution," refusing to grant an "accused" any parenting time with the child is a hard pill to swallow - after all, aren't we supposed to be innocent until proven guilty?

Using false accusations of abuse to gain an advantage in child custody proceedings is a horrible thing to do to a child; it's one of the top threats and tricks between angry litigants. False accusations should be taken very seriously by the Courts, and should be viewed as strong evidence that a parent has little concern for the child's mental well-being, and cares even less about the child's relationship with the other parent.

While both mothers and fathers have brought false abuse allegations in divorce proceedings, mothers seem to be more likely to be believed. In one noteworthy case I read, a young child told her father of improper touching by a babysitter, and he reported the allegations to the authorities. When social workers investigated, the mother accused the father of molesting the daughter. These accusations resulted in a long legal battle, where the father had to fight for even limited access to his daughter. During the father's four-year legal battle, the mother was diagnoses as mentally ill, and was temporarily institutionalized. When social workers wrote their report fretting that the father might gain custody as a result of the hospitalization, the Court dug deeper and eventually found the charges were false.

Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Canada, an analysis of child abuse allegations revealed that 60 percent of accusations were related to marital breakup and two-thirds of those cases found no evidence of any abuse.

If you face false accusations of abuse, you are likely to face a costly and difficult legal battle. The most rewarding part of my representation in these matters is when the judge begins to see the lack of credibility of the parent making the false allegations and begins turning the case around in favor of my client. My advice to clients is that, in the end, the truth always prevails. If you're stuck in the middle of a baseless allegation of abuse, it is strongly recommended that you obtain the assistance of an attorney who has experience fighting this long battle.