A false allegation in a UK family court may occur when accusations are made by one party against the other, which are intended to deceive or mislead the judge in order to achieve a more favourable outcome for themselves. Common false allegations made by ex-partners include:
- A mother falsely accusing a father of abusing them and/or their children to block them from having access or to justify an Occupation Order.
- A father accusing a mother of diminished mental health, such as depression, bi-polar disorder, or a personality disorder, to suggest that they lack the sanity to safely look after their child.
- A father accusing a mother of child neglect to gain custody by portraying them as an unfit parent.
- A mother suggesting that a father is trying to alienate them from their child.
- A mother accusing a father of substance abuse such as alcohol or drugs.
- A child manipulated by an ex-partner to make false allegations against their other parent.
False allegations are made for a wide of reasons, including to exact revenge on an ex-partner, as a means of control, to sway a court decision in favour of the accuser, or as a result of mental health problems or undue influence by one parent over their child.
The family courts take an extremely dim view of ex-partners or children (if they have been manipulated by an ex-partner), making false during the divorce process. Depending on the severity and circumstances of the accusations, the court may request that the allegations be further investigated by a professional (e.g. social worker) regardless of whether they are false or not. This is especially the case if the accusations relate to a child, as the court has a duty of care to minors. If a court-requested investigation reveals that the allegations are founded and involve serious issues such as child or domestic abuse, the court may order a fact-finding hearing. There are many other routes open to a family court faced with serious allegations, including:
- Appointing a ‘guardian ad litem’ (GAL) – an independent court-appointed person who represents the interests of a child in family law proceedings.
- Requesting a custody evaluation by a mental health professional to understand and assess the child’s needs, the impact of the allegations and the ability of the mother and father to parent the child.
- Requesting mediation or counselling – with a view to helping all parties to resolve any disputes
- Issuing a no-contact order – In some cases, the family court judge may order no contact or require supervised visitation between the parent being accused and the child until further investigations become conclusive.
If you find yourself at the centre of false allegations against your partner or ex-partner, please speak to our highly experienced family lawyers for support and advice. We will listen to the details of your case and guide you on the best way to protect your interests and challenge the false allegations.
How to disprove false allegations in court
There are many ways that you can disprove false allegations against you in court. If you have been accused of committing acts of domestic violence or child abuse and there is no basis for the claims, then you have nothing to lose by telling the court that these are false allegations. In this scenario, we recommend:
- Instructing a Family Solicitor who can advise, represent and support you in relation to the false allegations made against you
- Keeping calm and cooperating with the authorities and the court
- Considering whether there is any truth to the allegations made against you, remembering that domestic violence can include any acts of physical violence, psychological abuse, emotional abuse, coercion, and/or financial control.
- Keeping records of any communications, photos, or any other evidence that can disprove the allegations.
- Keeping a diary of the events – including what happened and when. This is especially important when dealing with false allegations by those with narcissistic personality disorder, as it will enable you to recount what happened clearly and accurately.
- Asking the court to request an investigation by the Children and Family Court Advisory and Support Service (Cafcass).
- Allowing professionals to observe your interactions with your child in a contact centre.
- Asking the court to request any evidence to back up false allegations of domestic violence.
Consequences of false allegations in family court
For the parent making the false allegations in a family court, the consequences are extremely serious, potentially including imprisonment, costs for harm or loss, fines, and loss of parental access or rights. On the other hand, parents who are subject to false allegations can also suffer considerable consequences. They may temporarily lose access to their child, be ostracised by their family, undergo mental stress, or suffer reputational harm. In some cases, serious allegations of abuse or other harm can cause wrongly accused individuals to lose their jobs. Likewise, the child at the centre of the matter may suffer emotional trauma due to being separated from their parent, including trauma, worry and anxiety.
