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False allegations of child abuse

Hi guys.

I'm just finding out the hard way how easy it is to make false allegations during a divorce and how expensive and damaging it is.

Has anyone else had same experience as me?

Or are there any groups, etc that are around that might be able to help me?

Thanks.
Hi yes my partner had this when he served papers on the mother for full custody, within a week we had an AVO served on us with the same allegations.

There was nothing we could do but fight the AVO which we were advised to do by the police who told us this was a very common occurrence.

We did win after 3 months of trotting back and forth to court to have it adjourned and adjourned and we were then left with the legal bill, not fun and i wish you all the best.

My partner found Dads in Distress helpful if only to talk.

False allegations by mother

Yes, I've had a similar experience when my ex moved out of the family home and she went to DHS (DOCS), in Victoria, with an allegation that our daughter was being sexually abused by me!

I get a phone call from them and was interviewed by them however as my daughter (when interviewed) by them denied the allegation and showed no signs of abuse they dismissed the whole thing.

Actually I found them quite reasonable and contsructive; DHS advised me to "protect myself" from the ex. That was a few years ago. I have a great relationship with all my children, not so good with the ex however.

The only advice I can give is to play everything with a straight bat and generally speaking the truth should wash out in the end…Cheers good luck!
went through 4 or so years of 2 false allegations and won, DiDs forum is freat for support, you won't find better.

I also wrote a website surrounding the subject …. www.parentalalienation.com.au , have a look as there are many important do's and dont's when in your situation.

good luck and yes only play with a straight bat, cheers
AJ44 said
yes had a similar experience when my ex moved out of the family home she went to DHS (DOC's) In Victoria with an allegation that our daughter was being sexually abused by me!! I get a phone call from them and was interviewed by them however as my daughter (when interviewed) by them denied the allegation and showed no signs of abuse they dismissed the whole thing…..
The mother should be prosecuted by the DHS. It is just simply outrageous where we have these, case after case, and the complainaints simply walk away completly unscathed, no penalty and set themselves about to undertake years of talking to themselves into trying to believe it was all real. A figment of imagination and wildest fantasy can be made to seem real with enough time and application.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Well I guess you would have to get it past Chief Justaice Bryant, isn't she the one who wants the new laws repealed so people can make these false claims.
IsntLifeGrand said
Well I guess you would have to get it past Chief Justice Bryant, isn't she the one who wants the new laws repealed so people can make these false claims.
To date I have not seen any detail around what was being discussed by Ms Bryant and was reported via the media at a couple of forums. The detail is to vague at the moment so hard to comment.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Thanks guys so how do we make these people responsible for these false allegations
Could civil action be taken ie: defamation of character, against the person, once the allegations have been proven to be false.
Im currently talking with a solicitor about defamation against sum of her family which sounds promising but the ex realy needs to be prosecuted or sumthing
Keep records of EVERYTHING, my ex has made false allegations against me and thank god I am so organised and marticulous in my keeping emails, sms's and such to show what he says is the opposite but what he has been trying to instegate is to alienate me from my children which I am finding is an absolute minefield with the FLC to prove or even get them to recognise.

I wish you the best of luck and just unfortunatley need to be cautious and document everything.
Proving allegations to be false in the family law courts is very difficult. I got a judge actually saying that he has made a finding that I was innocent of any allegations. Yep, his words, make a finding, innocent of the allegations etc, etc.

This is not proof of a false allegation, far from it, but it will be the best most will get, some even lucky to get just that.

The problem starts with … the accusing parent is just making a statement as to what the child disclosed to them, so that parent is not actually accusing you (well this is how the smart ones do it) and this aspect would have been explained to them by their solicitor should they have one … most accusers know the "fine print" one way or another before making the disclosure.

The disclosing parent is just "being a good parent" by acting on the so called disclosures, think about this, if the childrens disclosures were actually true then none of us would disagree with that parent.

This in the opinion of my legal advice is not enough to go to a civil court on unless you are gong to sue the children which none of us will.

All this is somewhat generalising a tad but there are many on this site with far more "learned advice" than I, that would be able to expand on this.

Civil action, very very difficult unless the disclosing parent gets way of the rails and you have other evidence.

False allegations and the "System"

A number of issues become relavent here.

First - The Family Law Act was changed in 2006 to include section 117 AB which states

117AB  Costs where false allegation or statement made

              (1)  This section applies if:

                      (a)  proceedings under this Act are brought before a court; and

                      (b)  the court is satisfied that a party to the proceedings knowingly made a false allegation or statement in the proceedings.

              (2)  The court must order that party to pay some or all of the costs of another party, or other parties, to the proceedings.

One of the the KEY considerations in enforcing this provision is of course meeting the test for "Knowingly". Then there is the issue that in many cases the court will be loath to make a costs order, choosing instead to find an excuse of some sort for the errant ehavior (Lies).

The back ground to this attitude is of course "Primary attachement theory" which says that anything which damages the child's "Primary" attachmant to the the primary carer (Read mother) wil be detrimentatl to the child and further anything which impinges upon the primary carer will impinge upon the child.

In simple terms - It is believed that anything which punishes the mother also punishes the child.

There are also a number of published judgements and I have witnessed a number of case where the Judge or Magistrate didn't even conside the allegaltions, choosing either to accept them as gospel or alternately discount the allegations as irrelavent. I recall one case where the Judge actually said in their reasons that they did not consider the question of the allegations beecause to do so would lead to a "Finding" which would be very unfavourable to the mother.

Section 117AB is one of the sections Chief Justice Bryant is reported to have petitioned parliament to remove from the Act. The other is the requirement the Courts consider whether a parent has "Encoraged" the child's relationship with the other parent.

Another problem that occurs too often. Despite violent and abuse behavior toward the father, the court awards the mother "sole" resposible (based on Intractable conflict) which of course  reinforces the behavior and in my humble experience, often leads to the children being abused later (usually with impunity).

Another problem that ocurrs is that the parent with the responsibility and the most influence learns they can ignore the court and the law. It doers not take their children long to learn that societie's laws do not apply the them, may be ignored and are there to be circumvented if convenient.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
oneadadc said
The back ground to this attitude is of course "Primary attachement theory" which says that anything which damages the child's "Primary" attachmant to the the primary carer (Read mother) wil be detrimentatl to the child and further anything which impinges upon the primary carer will impinge upon the child.

In simple terms - It is believed that anything which punishes the mother also punishes the child.
In a criminal court the person who commints a crime is punished, either fined, imprisonment or both, what if they used to above argument in a criminal court, chaos is what would happen.  As I have said before,  until the powers that be get balls and start inposing costs, fines, imprisonment etc on those parties and even the legal practitioners (in some cases they are the ones who advise the parties to make those allegations) the system will be open to abuse.  It needs to be made clear that if you make false allegations there is a penalty to pay.
Just wandering if anyone would be interested in getting together to contact shows like a current affair or similar to hilight these false allegations and expose these people
Good luck Brother - I have been there but came through.  There is light at the end of the tunnel.

I was arrested on false allegations of assault, rape, and sodomy some 3 years prior to separation.  I was also accused of abusing my then 19 month old daughter by 'deliberately cutting chunks out of her hair'.  NSW Police investigated these allegations and thankfully were of the belief that the allegations were to try to prevent me having access to my children.

The common theme throughout this is document every phone call, SMS, and letter.  

My advice is to qualify every bit of advice you receive(including this advice).  I am thankful I did not follow the advice of one Solicitor in relation to a location and recovery order.  Also be careful of well meaning people who try to help.  Some may be helpful of course!

You are obviously having issues with your former partner.  Although tempting - try not to incite further false allegation.  If she hasn't done so yet - a Police AVO (based on more false allegations) can cause untold cost and inconvenience in relation to children handovers or simply communicating about the children's welfare.

You want to go public with your story - I would love to however Section 121 of the FLA prevents this.

Good luck - keep your chin up.
What happened in the end?

Did you try to sue your ex for the false allegations?
False Allegations?

Date the mother has:

Accused me of organising a motorcycle gang memeber to rape her,
Breaking into her home and stealing her TV,
Tampering with her brake system causing a major MV accident,
Sexually abusing my 3 year old daughter at a contact centre,
Having sexuall liaisons with the contact centre manager,
Having a sexual relationship with my flatmate (male),
Accused my flatmate of sexually abusing my daughter,
Accussed me of sexaully abusing my daughter,
Accused me of paticipating in group sex,
Having a fetish for anal sex,
Of having homosexual sex,
Having sex with her while she was sleeping,
Alledge that I am "WANTED!" in NZ and can't return,
Dealing Drugs,
Alleged that I pushed her and our daughter down a flight of stairs,
Alleged that I planted drugs in her home (her explaination for being caught by the police with drugs in her home)
Domestic Violence,
Stalking,
Harassment,

Blah, blah, blah… the list goes on.

These accusations are recorded in various Statements, Affidavits, COPS report, DoCS files, Magellan Report, Expert Report, etc.

4MYDAUGHTER
Lachdunc - the quick answer is no!

Sadly - this is where you will learn how the system is against you.  The Police took out the AVO on her behalf (it's scary how easy these are to obtain) and a costs application against a Police AVO is almost unheard of.  My former partner spent 5 hours at a Police station giving a statement of all the other alleged crimes I had committed.  Police even make this easier for (apparent) victims - they have a female Domestic Violence Liason Officer (DVLO).  I was arrested and interviewed about allegations that could have seen me jailed for 10+ years if they were true.  Fortunately they were not and there was no supporting evidence and hence I was not charged.  Still no opportunity for costs though Lachdunc!

The underlying tone of your posts suggest you seem quite focussed on suing "your ex" because of false allegation.  The lies and deceit are normal in this process and it sounds like you've only just begun.  So a Solicitor thinks you might have a chance of defamation against her family - good luck if he/she can.  I wouldn't be spending too much money or time on this but saving up for some potentially nasty family/property matters that could be pending.  It mightn't seem just or fair but unfortunately the family court is the most reknown for NOT getting the whole truth.

If any consolation - your former partners lies and false allegations could work to your advantage later down the track in the FMC or FCA if a childrens matter was taken to trial. (for example if your former partner was demonstrated to be a vexatious complainant)

I would definitely suggest a DID's support network or similiar for you.  You need to speak to other fathers who have been through your situation.

You don't/haven't mentioned if you have children.  If so - your first priority should be ensuring you have 50/50 shared care of them.

You haven't mentioned an AVO yet.  If your former partner is so apt to lie and make false accusation, then I would be expecting an AVO soon.  She can get one of these very easily (including just because you rang her too often!).

Stay focussed and whilst it might hurt - don't get too focussed on suing "your ex".  You've got a raft of emotions coming your way.  You need to remain strong for your own benefit.

Keep your chin up!

Yes well due to an incompetent DoCS worker, who cannot admit she made a mistake. Who lie on 3 different affidavets and still has her job.

I have lost my Kids to DoCS. Based on some one said.

This some one is documented to be a non credible witness, in the same court document they applied to the court. As is a police report saying there was no risk of harm.

It was done when my solicitor was away and without me being able to defend myself.

I was then told a bunch of lies. And DoCS continuse to lie to me.

What can I do? They changed to laws so no running to the TV to get some attention on this.

There is no recourse with DoCS. They are untouchable. Mean while my kids suffer.
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