Family law disputes can be emotionally charged. In certain circumstances, feelings of anger, resentment, or a desire for revenge can lead parents to make false allegations against their former partner. Such allegations can become a focal point during a hearing, impacting the legal process and the outcomes of custody and property settlements.
Some individuals may make false accusations without realising the seriousness or potential consequences. There are different laws that are relevant to false allegations, The Family Law Act and the Crimes Act both contain clauses concerning false accusations.
Crimes Act 1900 – SECT 314: 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.
Family Law Act – Section 117: Under this provision, a person who knowingly makes a false allegation or statement against another in Family Law proceedings must be ordered to pay the other person’s legal costs of the defence.
Family Law Act – Section 67: Under this provision, a person who makes an allegation of child abuse against another is obligated to report the abuse to the relevant State’s Department of Child Safety. This ensures that the relevant Government Department specialised for the investigation of these sorts of allegations is put on the case in a timely manner so that they may attempt to determine whether the allegation is true or false. If the allegation is found to be false then both the Department and the Family Courts can take action against the false accuser although, this usually translates into the accuser having their time with the relevant child(ren) limited, controlled or stopped altogether.
Do not ignore serious allegations, but do not panic either, keep calm. False allegations are unfortunately common place in family court proceedings. Do however be aware that part of the evidence that a judge will consider is how the parties behave in court.
While it is natural to be hurt, stressed or angry at being accused, if you present yourself in such a way in court, this may count against you. Stay calm! If you are struggling to emotionally come to terms with the allegations, consider seeing a counsellor.
Judges prefer to see parents who can put aside their differences, and who focus on the children´s needs and welfare. If there is any truth to the allegations, seeking appropriate help is often helpful in gaining a positive final outcome. If you have an addiction problems, anger management issues, mental health problems or are struggling with aspects of parenting. There are steps you can take to reassure the court, and accepting there is a problem is often a step in resolving the matter.
It is recommended that before you start litigating you put in place shields to protect your mental health:
- A regular recurring appointment with a counsellor/psychologist.
- Good support networks: friends, family, Facebook groups.
- A plan for a good diet and regular exercise.
You might say that you don’t need a counsellor however, every person that goes through separation, let alone a separation with a child custody battle, is going through a traumatic experience and will no doubt be assisted by obtaining mental health support to manage their mental health. Prevention is better than cure when it comes to looking after your mental health.
As we always say, when a plane is crashing there is a reason the attendant tells you to put your own oxygen mask on first. You can’t be the best parent to your children if you don’t put yourself first and look after your own mental well being first.
Now for any serious allegation, you should consider doing the following:
- Do not confront your ex-partner about the allegations outside of court. Outbursts, thoughtless or emotional texts and emails may be used as evidence of your alleged aggressiveness.
- Be motivated to disprove the allegation and provide information in support of your arguments that you are a safe and capable parent.
- Do not fall into the trap of seeking to prove your ex-partner to be a liar your case may get lost entirely by a ´tit-for-tat´ argument with your ex‐partner in court.
- seek legal advice if you can afford the services of a solicitor.
- have a third party (not emotionally involved) read any letters, texts or emails which you intend to send to your ex-partner or their legal team. They should take out any emotional or accusatory language
- Be very careful about what you post on social websites. Do not mention your ex-partner at all. Be aware that you might be found guilty of contempt of court if you publicise details of your court case which might identify the child concerned section 97 of the Children Act 1989
- consider the motives and reasons for the allegations and whether these could result from a mental illness on the part of the accuser. In these circumstances consider applying for your ex-partner to undergo a psychological assessment
- seek to clarify the details of the allegation. If the allegation is “domestic violence”, what are you actually accused of?
- consider the evidence that your ex-partner may have to support the allegation;
- if you have evidence which disproves the allegation, as the court´s permission (at the first possible hearing) for permission to submit this evidence;
- request an Interim Contact Order (if your partner is granted interim residence) while any investigations are carried out. If necessary, agree to supervised contact to maintain the relationship with your children
