What Happens in Divorce Court?
Divorce court is the arena in which most false charges of abuse or molestation occur. False accusations arise as a result of one parent wanting complete custody of the children. To achieve this end, the parent making the false allegations is often willing to damage the children psychologically by pitting them against the non‑custodial parent. Divorce court may be the most devastating of all three courts (divorce, criminal, and juvenile) because the falsely accused is not only going through the emotional trauma of divorce, but also risks losing custody of his or her children, in addition to facing possible juvenile or criminal charges.
Restraining Order
If the falsely accused parent is actually charged, the process usually begins with a temporary restraining order that prohibits the falsely accused parent from seeing his or her children. This is usually a violation of the parent's rights as well as the children's rights to the parent/child relationship. The specter of child abuse usually finds the court ruling against the falsely accused parent's constitutional rights to family relations.
Mediator
The case will be assigned to a mediator or referee who is usually a counselor. The mediator is required to report accusations of child abuse or molestation to Child Protective Services (CPS) and the police. If the court did not issue an order preventing the falsely accused parent from visiting his or her children, CPS might then file a petition in juvenile court to prevent any form of visitation.
Trial
The trial may be postponed indefinitely because court calendars are so full. The case will go back to the mediator who will continue to make recommendations to the judge, which usually limits the falsely accused parent's visitation rights in an attempt to settle the case out of court. It is critical to present a defense that shows motive, and many times this is shown through the introduction of Parental Alienation Syndrome. It is also crucial that the children be placed with the non‑alienating parent. However, this is extremely difficult because the non‑alienating parent is the parent under the cloud of a false accusation.
Criminal and Juvenile Charges
Even if the falsely accused parent goes to court and wins, there is no guarantee that charges will not be filed in juvenile or criminal court. The end result is that the falsely accused parent ends up financially and emotionally drained, and may still lose custody of his or her children.