Can calls to CPS during a divorce action result in sanctions against the accusing party?

Can calls to CPS during a divorce action result in sanctions against the accusing party if their allegations are found to be false?

By Allison Williams
December 23, 2015

It certainly is possible, but it's not likely. Judges have become very accustom to matrimonial litigants telling false tales about each other. Without a testimonial hearing, discovery from the agency and trial on that limited issue, whether or not the accusation is true or false, a judge is really ill suited to determine whether the accusations are false, simply because the agency does not validate them as child abuse.

What more often occurs is the agency finds some merit to the claim asserted but they may have a different perspective on it than the parent who made the allegation in the first place. The agency may assert that there's no child abuse here but there are some concerns, and maybe those concerns don’t warrant the agency taking the child away from the parent. But, perhaps they would make recommendations to get some type of services, counseling, parenting classes, that sort of thing. In which case, the judge is going to say that the accusation wasn’t false, it just wasn’t child abuse, and there definitely is a distinction.

Allison Williams is a Union, New Jersey family lawyer who is certified by the Supreme Court of New Jersey as a matrimonial law attorney. To learn more about Allison, visit her firm's online profile or thru her website

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December 23, 2015
Categories:  Legal Issues|FAQs

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