The Scourge of Family Law: Allegations of Sexual Abuse

Custody disputes are the scourge of family law. A parent blinded by hate for their spouse/partner can pull out three “trump” cards: false allegations of sexual abuse, parental alienation and parental child abduction.

Each of these scenarios create circumstances that are destructive, devastating and life-changing for all involved. This post will focus on child abuse allegations.

False allegations of abuse usually occur in cases where one parent cannot cope with the thought of their child spending time with his or her other parent. Frequently the motive behind the allegation is simply to prevent a relationship growing between a child and parent. In other cases, the parent making the allegations genuinely, but wrongly, believes that the child exhibits symptoms of abuse.

In a system of law which is properly child-centred, the mere suggestion of inappropriate behavior will immediately shut down any normal interaction between the child and the alleged offending parent. Most often the parent accused of abuse will only see the child infrequently and only in the presence of a “supervisor”, usually a paid child worker or a trusted family friend or relative.

An investigation into the allegations will be conducted by a child psychologist who will interview the parents, the child and others with relevant information. Often these allegations concern young children who have limited communication skills.

Interviewing a child to determine if sexual abuse has occurred is an assignment only for those highly skilled in working with children. We have all heard of travesties of justice where well-meaning adults elicit information from children based on leading questions or parental coaching.

A mother or father accused of abusing their child is in the untenable position of proving that something did not happen. Many alleged abusers offer to undergo polygraph tests to assist in clearing their name.

While lie detector tests are not generally admissible as evidence in court, in 1997 while acting for a father accused of molesting his daughter, I persuaded a Judge to allow the passed test to be accepted as evidence to stand with all of the other evidence which showed the allegations were unfounded. (C. v. C. British Columbia Supreme Court 1997)

To be wrongly accused of sexual interference with a child is a heinous allegation, sadly it is a part of “extreme” family law litigation. False allegations are, in my view, another form of child abuse, where the abuser goes unpunished.

Lawdiva aka Georgialee Lang


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26 thoughts on “The Scourge of Family Law: Allegations of Sexual Abuse

  1. I have a problem with the overall premise of your article but I still think its really informative. I really like your other posts. Keep up the great work. If you can add more video and pictures it would be better, because they help me understand Thanks Samitchell.

  2. This article gives the light in which we can observe the reality. this is very great one and gives indepth information. kudos for this wonderful blog post! My best regards, Dagny.

  3. Yes, I’m going to follow up with posts on parental alienation and child abduction as methods of thwarting parental relationships. I have seen both all too often in my practice and the havoc each wreaks on families.
    Best regards, Georgialee lang

    1. It is not just the parents that the allegations are made against, I’m the uncle of a Brite and playfully 8 yo that the mother had a problem with dew to my age and that I wold spend time with my niece. There is however a seed of control of one spouse present here , the father is quite under control as this is his second marriage and this one has kids involved. I’m Shure he knows better that I wold not do anything as charged. This has not gone to court yet but the stress is killing me. But I’m seeing how this one got started and I’m pretty Shure of the questions and know that this is going to hurt my niece as there was never eny abuse involved and she was led into saying what she did eventually no matter what happens to me she is going to learn eventually what it is that she went along with knowing it was a lie, and I’m also Shure that the interview process was leading on parental information with a no denial scenario, ratac protocol the child friendly Reid interrogation I’m so screwed and there was no assault I want to sue bro and wife when this is over even if convicted as I know eventually the truth will come out but there is no way to actually win a judgment, this is so malicious on the in laws part but that to will be hard to prove. Kids do lie and this is a lie that the system is geared to keep the lie alive as even if the child tells the truth that will be taken as a defence mechanism and that segments the original lie, if there is eny recant that locks the action as having happened, and the adult accused can be telling the trouth but saying one is innocent just makes you more guilty children’s lies can kill, and just thinking that a child wold not know about sex is the falassy here look at the games and tv some of the comurtals and the net and the openness of the parents about sexuality and the education thay get answering questions of authority leading them to answer for approval one once accused is screwed those that acutely do the accts should be screwed, but the authority should not use trickery to elicit response and where the word of a child should not be solely the evidence used to prosecute it wold seem that is what is used

  4. Hey there. I just wanted to tell you that when I view your posts on my ipod touch the post is formatted very weird. It’s very narrow. I believe this is a simple fix. Other than that great post! I’ve bookmarked this.

  5. I just went through this exact hell and the custody battle has only begun – now that the allegations are dead. I’m still trying to find out if there are any repercussions to this type of malicious and vengeful act. My rights have been thoroughly and purposely violated and yet it appears I have no recourse for the stress it put me through. I just can’t accept this.

  6. I am living this hell as we speak, it has however been 3 years almost to the day since the custody case has been settled. I get every second weekend with my daughter. This is actually the second attempt her mother has brought forth to authorities claiming something has happened. My daughter has apparently also given a video recorded statement. There is no doubt in my mind that there is and has been a great amount of coaching as a 6 year old cannot come up with this material all by herself in my opinion. The alienation angle is without a doubt the motive for all of this happening. While we were together my ex threatened me that if I went for sole custody she would have me charged as a sex offender and stated “who will they believe? You or me” . I was amazed at the accuracy of your post and how clearly you understood how things work in the real world. Just because a finger has been pointed, it doesn’t mean that the person is guilty . There are sometimes many layers to pull back before you actually see the truth. And by the way, she has also tried to play the abduction card. I will make sure that my lawyer sees this blog and i hope that we may be able to use it in my defence if it gets that far. Thank you so much for giving me this hope!! I am forever in your debt!

  7. What article is missing is that many times sexual abuse allegations are because of actual child sexual abuse, and the cause of divorce in first place.
    Just because someone is blocked from proving child sexual abuse which is more accurately what is incessant in the entire system, moreso than “false allegations” doesn’t mean it didn’t happen. Your statistics might be off.

  8. You are so cool! I don’t think I’ve read a single thing like this before.

    So nice to find another person with unique thoughts on this topic.
    Seriously.. thank you for starting this up. This website is something that’s needed on the
    internet, someone with some originality!

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