The Costs of False Allegations in Family Law Matters

Child custody disputes can get nasty. So nasty, in fact, that it is not uncommon for one parent to accuse the other parent or someone within the other parent’s orbit — say, a friend, relative, or neighbor — of abuse in an attempt to deprive the other parent of custody or parenting time. While California family law takes allegations of domestic violence and other types of abuse extremely seriously, it looks equally unfavorably on false allegations of such abuse. Here, our Stockton family lawyers explain the potential consequences of making false allegations in family law matters. 

Restrictions on Custody and Visitation 

False allegations often arise in the custody and visitation context as a tool to gain leverage. After all, custody and visitation are determined based on the best interest of the child, and it is definitely not in a child’s best interest to be exposed to abuse. Unfortunately, for false accusers, one of the main consequences of false allegations also arises in the context of custody and visitation. Under California Family Code § 3027.5: 

The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made

Note that the parent does not necessarily have to make the allegation in court for this penalty to apply.

Sanctions and Penalties

California family law courts have wide discretion to impose monetary sanctions and penalties, including attorney’s fees, against any litigant whose conduct “frustrates” the efficient settlement of litigation. One example of that kind of conduct is making false allegations of abuse or neglect during a child custody proceeding. In such cases, California Family Code § 3027.1 allows the court to impose sanctions and attorney’s fees against the party making the accusation, provided that the party knew the accusation to be false. The sanctions and penalties are in the amount that the accused party incurred in defending against the accusation. 

Contempt of Court

Court proceedings require candor and honesty, and failing to act candidly and honestly, such as by making a false statement under oath, is a very serious matter. In some cases, courts may view such behavior as undermining the legal process and hold the offender in contempt, which can result in severe fines and even imprisonment. 

Criminal Liability 

Making false allegations can also result in criminal penalties in certain cases. For example, lying under oath may be treated not merely as contempt, but as perjury under California’s penal code. Making a false allegation outside of court, such as by filing a police report, can also lead to serious criminal penalties.  

A Stockton Family Lawyer Can Help You Fight False Allegations 

If your spouse or former spouse is making false allegations in an attempt to undermine your legal rights, you need competent representation to fight back. To get started, please contact a Stockton family lawyer at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.