What Happens When a Parent Is Falsely Accused of Child Abuse During a Child Custody Case?

Child custody battles are a breeding ground for emotion and stress. Clients need to understand that the importance of maintaining their composure for the duration of any child custody litigation. Child custody determinations are made based on what the court believes is in the best interest of a child. Accusations of child abuse will most definitely influence a court’s final decision. If false allegations of child abuse are made in your case it could change the direction of your child custody litigation.

False Allegations of Child Abuse

California Family Code Section 3027.1 explicitly states that a court has the power to limit to prohibit visitation if one parent makes a false claim of child abuse. Specifically, a court may act to limit to prohibit visitation if there is substantial evidence that:

• One parent made a report of child abuse;
• That he or she knew to be false;
• With the intent to interfere with the other parent’s legal rights concerning the child.

Such limitations or prohibitions on visitation may only be implemented if the court determines that there is a threat to the child’s health, safety, and welfare. This is because California strives to make sure that children of divorce are given every opportunity to have continuing contact with both parents after a divorce is finalized.

Limitations or revocation of visitation rights make it difficult for the court to achieve this goal. Courts will balance the parent’s false accusations of child abuse with other relevant evidence to determine the custody arrangement that serves the best interests of the child.

Burden of Proof in Child Abuse Hearings

When accusations of child abuse are made in a child custody matter, the court will hold a hearing to determine if there is substantial evidence to support the claim. Courts will use the evidentiary standard of preponderance of the evidence. So, a parent who accuses another parent of abusing their child must provide evidence that would satisfy this standard.

A parent who is accused of child abuse has the responsibility of proving that the allegations are false. So, if your client is accused of abusing his or her child, it will be your (and your client’s) responsibility to present evidence to the contrary.

You can present witnesses, offer expert witness testimony, and depose the parent who is alleging the abusive behavior. These witnesses should be able to testify as to the parent’s capability as a parent and any personal knowledge they have about the alleged abuse (or lack thereof).

If allegations of child abuse are found to be true by a preponderance of the evidence, the court may impose limitations to visitation or custody.

Intent is the Essential Element

A parent who makes a false accusation of child abuse must have the intent to disrupt that other parent’s legal rights. Courts will consider all relevant factors in the situation to determine if an accusing parent had the required motive. Courts may be hesitant to assume that an accusing parent had a malicious intent if the parent’s accusations were based on facts and circumstances that would cause a reasonable person to have similar suspicions.

For example, let’s say that a child routinely came home to Parent A with bruises after visiting with Parent B. The child refused to answer any questions about where the bruises came from and seemed to be more standoffish than usual. Parent B, who was already upset with Parent A, refused to answer any calls.

If Parent A accused Parent B of abuse, based on the evidence she had before her, a court may determine that these accusations were not malicious, or made with the intent to interfere with Parent B’s legal rights, but rather an attempt to make sure that her child was safe.

Alternatively, if Parent A accuses Parent B of child abuse - knowing that those allegations were false and with the intent to punish him - a court may find that the accusations require punitive action.

Consequences for Falsely Accusing A Co-Parent of Child Abuse

When a court determines that one parent accused the other parent of abusing their child with the intent to disrupt parental rights it may impose a variety of sanctions. Family Code Section 3027 grants this authority. A parent may be subject to:

• Sanctions and monetary fines;
• Reduced or supervised visitation;
• Reconsideration of an existing custody order;
• Payment of attorney’s fees;
• Orders of protection.

If your client is accused of child abuse, or if your client accuses their child’s other parent of child abuse, you can face unexpected hurdles in a child custody case.

It is important to understand that false accusations of child abuse can have serious ramifications. A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.