Managing False Allegations in Custody Disputes

Being wrongfully accused of coercive control against a spouse or even child abuse can naturally be very distressing for a parent in the midst of a custody dispute. Even though they’re untrue, false allegations still have the potential to affect the outcomes of custody dispute resolution if the allegations aren’t properly addressed. Managing false allegations doesn’t have to involve compiling a mountain of evidence, however. In fact, according to our Family Lawyers here at Oxford Partners Lawyers, false allegations are oftentimes more damaging to the party that posited the accusations rather than the party being falsely accused. If you have been subjected to false allegations during a child custody dispute, it’s imperative that you stay calm, and secure legal counsel to ensure you take the necessary steps to protect yourself. Today, our team of Family Lawyers are here to share their insights into managing false allegations, outlining what steps should be taken to ensure your child custody dispute is resolved based on facts and not on hearsay.

What Constitutes a False Allegation in Custody Disputes?

A false allegation can be defined as any untrue claim made against a party during any legal dispute. In the context of child custody disputes, or even divorce or separation cases, false allegations are often made to impact the outcome in favour of one parent or party over another. Some examples of false allegations that can be made during a custody dispute include:

• Claims of emotional manipulation
• Claims of parental alienation (coaching the child to favour one parent over another)
• Claims of child abuse
• Claims of domestic violence/spousal abuse
• Alcohol and substance abuse claims
• False claims relating to the mental health of one party
• Financial deception (i.e. hiding assets, and other forms of misrepresentation of financial status)
• Falsified evidence that’s designed to favour of one party over another

The Legal Consequences & Risks of Making False Allegations

As damaging allegations can hold great impacts on the outcomes of Family Law disputes, both the Family Law Act of 1975 and the Criminal Code Act of 1995 include provisions for false allegations. As such, the Federal Circuit and Family Court of Australia are authorised to deliver criminal penalties and Family Law consequences to the party that has been recognised for making false allegations.

Legal Consequences of Making False Allegations

Legal repercussions for false accusations, perjury, and the making of false statements in Court are all covered under Part 7 (Public justice offences) of the Crimes Act 1900. Under Division 2, 314 of the Act: A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years. This means that if one party has made a false criminal accusation (i.e. allegations of domestic violence, child abuse, etc.), that has opened another party up to unnecessary police investigation, the accuser may be facing incarceration if they’re found to be guilty of falsifying the allegations made. Additionally, legal consequences resulting from perjury and/or defamation of character charges may also be applied to compound the criminal consequences of making false allegations. Under the Family Law Act of 1975, legal repercussions for false allegations also includes provisions for the accusatory party being required to cover the other party’s Family Law costs resulting from their having to respond to the falsified claims made against them.

Risks of False Allegations in Property & Financial Settlements

If one party has been found to have made false allegations designed to manipulate property or financial settlement proceedings, the Court may seek to adjust the settlement terms in favour of the party that has been wrongfully accused as a means of compensation for being subjected to the false allegations. The false accuser may also be required to provide more spousal maintenance if the costs of legal proceedings resulting from their false allegations negatively affects the property and asset pool during the settlement.

Risks of False Allegations in Child Custody Disputes

In the context of child custody disputes, Court officials may find that the party that has made false allegations was not acting in the best interests of the child/children. This hit to the false accuser’s reputation can go on to affect child custody arrangements and parenting agreements, as the accusatory party may be recognised as unable to co-parent effectively. In some cases, the Court may even use the filing of false allegations as grounds to approve the accused party’s requests for sole custody, either on a long-term basis or even short-term pending the accusatory party’s attendance of parenting counselling sessions.

How Courts Assess False Allegations in Custody Disputes

False allegations in child custody disputes are actually more common than you may expect them to be. In fact, in a recent study funded by the Australian Institute of Criminology, researchers found that 50% of the work conducted by the Family Court across all 288 custody and access dispute cases that were assessed, revolved around assessing the legitimacy of child abuse claims by one party against another. This is because false allegations can be quite time-intensive to address in Family Court. In fact, the process of addressing false allegations can take at least 12 months spanning from family mediation sessions to your final hearing. The process of addressing false allegations will also inevitably include multiple court dates, including interim hearings and directions hearings, with interim hearings being designed to implement interim Court orders whilst allegations are being addressed (i.e. establishing interim Orders stipulating supervised visits for accused parents until the allegations have been assessed), and directions hearings being scheduled to determine the best course of action by the Family Court and both parties in assessing the claims being made. Keep in mind that cases of defamation are governed by the ‘balance of probabilities’ standard rather than the criminal standard of ‘beyond a reasonable doubt’. As such, whilst false allegations surrounding Family Law matters like child custody disputes are taken very seriously by the Court, the Court also takes into consideration the behaviour, conduct, and cooperation of both parties during court proceedings. For parents who are falsely accused during child custody disputes, the best thing you can do to continue acting in the best interests of your child/children is to comply with all interim Court orders made during your interim and directions hearings and in the lead-up to your final hearing.

What to Do if you’re Subjected to False Allegations

Follow the Advice of your Legal Counsel & Adhere to Court Orders

Although the Family Law Act of 1975 is designed to be on your side if false claims are made against you, it can still be disheartening and even embarrassing to be subject to supervised visitation and other interim Court Orders. As such, the best piece of advice that can be offered to parents facing false allegations is to simply stay calm, read up on your rights, and keep in mind that the Court is not acting to punish you, but rather to ensure the best interests of your child/children. You can demonstrate that you are also acting in the best interests of your child/children by maintaining communication with your legal counsel, following the advice they provide, and most importantly, by adhering to all interim Orders made in the lead-up to your final hearing.

Secure Suitable Legal Representation

Honesty and open communication with your Family Lawyer is key when navigating false allegations. As such, it’s imperative that you find the right Family Lawyer to represent you in these proceedings. It’s advised that you partner with a Family Lawyer who you have built rapport with to streamline the process of finding and collating evidence to support your case. Similarly, it’s also advisable that you secure the services of a Family Lawyer who also possesses experience in areas of Criminal Law, as false allegations can be met with criminal charges. Want to make sure you’re asking the right qualifying questions when selecting a Family Lawyer to represent you? Check out our list of 6 key questions to ask in your first consultation.

Write a Statement Addressing & Categorically Denying the Claims

Maintaining a balanced, evidence-based approach is key in the face of false allegations. One of the best ways to start on firm footing when it comes to collating evidence is by simply preparing a written statement that outlines and respectfully denies all the claims made against you. This written document can act as your North Star in your Family Court proceedings, clearly communicating to Court officials that you have the utmost faith and belief that your actions do not align with the claims being made against you. This confidence and conviction paired with correct conduct can help you cultivate a respectful reputation with the Court during your civil proceedings.

Collect Evidence Supporting your Case

Children’s matters are determined based on the child or children’s best interests. The strongest evidence that you can collect to support your case in the face of false allegations is evidence that simply demonstrates your consistency to act in the best interests of your children. Some examples of useful evidence to disprove allegations in child custody disputes include:

• Text messages and emails (to the other parent or even to grandparents, aunts, uncles, educators, etc.) that contradict the allegations being made
• Witness statements from other family members, educators, etc. who may be able to support your case
• School records, police reports, medical records, and other official documentation that demonstrates your care for the child/children

Prioritise your Mental Health & Wellbeing

Finally, don’t lose sight of the fact that fighting false allegations under any circumstances can be taxing and even traumatising. Add to this the fact that you’re fighting false allegations within the context of an ongoing child custody dispute, and it’s enough to make any parent crumble. But you can’t act in the best interest of your child or children with poor mental health. So stay strong and don’t let yourself become affected emotionally or maintain any behaviour that may place you in contempt of the Court. Don’t be afraid to lean on your support network if needed, and to prioritise your own health and wellness in the form of maintaining a strong diet and exercise routine. And if you feel you’d benefit from sessions with a psychologist or therapist, don’t hesitate to schedule these for yourself. Records of these sessions may also be used as supporting evidence in your case that you are acting in the best interests of your child/children by investing in your own mental health.

Defend against False Claims with Support from Oxford Partners Lawyers

In our list of top behaviours to avoid during divorce proceedings, making false allegations takes the cake as the #1 thing you should never do. And whilst throwing stones at the other party is always advised against (especially if those stones also happen to be falsified claims), shutting down emotionally or even getting overly emotional (either in Court or even in texts/social media, etc.) can also be damaging to your case. If you’d like to protect the best interests of your children in the face of false allegations made against you as a responsible parent, then the first step you must take is consulting with a Family Lawyer. Our legal team at Oxford Partners Lawyers is well-versed in both Family Law as well as Criminal Law, making us uniquely positioned to ensure the strongest possible outcome for child custody cases involving false allegations. Whilst it may feel like the end of the world, being subjected to false allegations may just be the evidence you need to support your parenting order, if you’re looking to be named the primary caregiver. If you have recently been subjected to false allegations within your ongoing child custody dispute, get in touch with our team to book your free preliminary consultation with our Family Lawyers. We’ll make sure your accusers are held liable for their damaging behaviour, and will strive to achieve an outcome that considers your family’s best interests.