A divorce case in Canada is nerve-wracking. It can be worse when one parent makes untrue accusations about child abuse.
If you have been wrongly accused of child abuse, you may have a tough time when it comes to child custody. Such cases happen when one parent thinks that such accusations will lender the other parent from being denied child custody. But this is not the case.
Child custody cases are so complicated. A false accusation can harm your child custody case. Thus, is better to learn how to deal with such allegation from your spouse.
False Abuse Claims
It becomes complicated when abuse occurs in the context of divorce or child custody disputes. The other parent may intentionally fabricate a story about you abusing your child to influence your child custody decision or modify child custody arrangements; you can get over this with the right legal representation. The court cannot limit a parent’s rights unless they are sure the allegations are true. If the other parent has made false child abuse claims, you can look for a family lawyer in Toronto to help you. Regardless of how the allegation may seem right, the other parent has no power to harm your case. This may be true, keeping in mind that any work you say against the other parent may have a negative repercussion in your case. Your ex-spouse may make false accusations regarding:
- Your failure to follow child custody rules.
- Child abuse such as mental or physical abuse.
Since any accusations will influence the court’s final decisions, it would be better to have a family lawyer handle your case. Your ex-spouse could be making the false accusation because:
- He/she is angered by your decision about divorce and the fact that you will be granted child custody.
- Wants to revenge
The core thing is that your ex- spouse may want to block you from getting full child custody.
Note that the court will be forced to impose restrictions or make orders for custody until the investigations are over. The process of disproving such an allegation is usually long. It may require the use of experts, law enforcement officers or any other agency deemed fit to give some light. Even when such allegations are revealed to be untrue, some courts avoid giving full custody to a parent. When such happens, this may salvage the relationship between parents and children.
What If You Have Been Falsely Accused Of Child Abuse
If you have been falsely accused of child abuse, the first step you can take is to look for an experienced family lawyer who can address the situation in a way to ensure the situation doesn’t escalate. In such a case, you can:
- Gather evidence to prove innocence. For instance, you can use medical experts to prove that you never sexually abused your child. Or you may use emails or text messages to show your communication between you and your ex-spouse was not violent or could jeopardize your potentials for child custody.
- Show the order of child visitation or child support: If in your divorce the judge decided that you were to be given parental right and responsibility for taking care of your child and your ex-spouse wasn’t happy about this, he /she may try to claim you have not been obeying such orders. But, you can show records of time or events you have with your child.
The more information you can show, the better. Child custody battles breed stress. Thus, it pays to have a lawyer help you with your child custody litigation. Any experienced family lawyer will tell you that the court will base their decision on the child’s best interest. If the other parent has falsely accused you of attempting to deny your right to custody; he/she could face severe consequences if the court discovers the truth.
Contact An Experienced Family Lawyer
If there seems to be a dispute in your child custody case concerning false abuse claims. The court will do its investigations to determine what would be in the best interest of your child. Thus it becomes imperative to have some legal representation to help you fight for your rights.
Many parents are losing child custody because of false allegations. You can choose not to lose your child custody rights by getting the proper representation. Canadian court strives to ensure that both parents have equal contact with their parents. But when there is a dispute, they always make decisions that serve the child’s best interest. Again, the burden of proof for your child abuse case always rests with you. Thus, you will need to provide the right evidence to show the court that you’re not to blame. Where the intent to make such allegations was to interrupt your rights as a parent, your ex-spouse will be forced to pay fines, attorney’s fees, restraint orders or total modification of existing orders.
