February 11, 2023

Custody Disputes – Combatting False Allegations

            In family law cases, the law prioritizes protecting children and furthering their best interests over the interests of their parents.  One parent might try to take advantage of that by making false allegations against the other to gain an edge in a custody dispute.  Successfully defending oneself against those allegations is a difficult challenge.

            Controlling emotions, especially in the face of really serious allegations like physical or sexual abuse, is difficult.  But angry emotional or threatening responses are rarely effective or productive.  Patience is required because often resolutions are not quick. The wrongly accused parent will get the best result by working with legal counsel calmly, deliberately and strategically.  While the accuser may interpret that as weakness, it is in fact, the opposite.  The innocent parent has many tools to use. A Guardian Ad Litem may discover inconsistencies in the accusations that undermine credibility.  The truth may come out from the child in therapy or support group sessions. Technology used in the family setting may establish a record that negates the charges.  Judges are very good at discerning the truth when presented with evidence and not simply accusations, so trial may be the best way to prove the accuser’s claims are false.

            Figuring out the motivation for the charges can suggest an approach.  If the charges are rooted in mistake, fear or reliance on bad advice, negotiation or mediation could work. Where the motivation is anger or revenge or a desire to remain engaged with the other parent, even if negatively, limiting the parents’ interactions can be effective. 

The defense is not “do it yourself.”  Being innocent isn’t enough. A successful defense may be time consuming, slow, expensive and emotionally draining.   Working closely with your legal counsel will increase the likelihood of a successful outcome and the most efficient use of available tools and your financial resources.

This article was first published in the February 2, 2023 edition of The Cheshire Citizen.

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