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Using Rule 11 Sanctions to Punish Accusers Who Make False Allegations of Child Sexual Abuse in Custody and Divorce Cases.

Authors :
Sheehan, Elyse
Source :
Family Court Review. Jan2019, Vol. 57 Issue 1, p121-135. 15p.
Publication Year :
2019

Abstract

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse. Key Points for the Family Court Community: Changes in divorce and custody laws have created an environment that makes false reports of child sexual abuse in divorce and custody cases more likely.False allegations of sexual abuse are often reported after the child returns from a visit with the nonā€custodial parent.A parent falsely accused of child sexual abuse undergoes financial and emotional harm.A parent falsely accused of child sexual abuse can cause them to suffer a loss of reputation.False claims of child sexual abuse have lasting effects on the child because s/he can be separated from the parent accused of child sexual abuse while cases are pending.Family courts are overburdened and false allegations of child sexual abuse can overload the court system with frivolous applications. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15312445
Volume :
57
Issue :
1
Database :
Academic Search Index
Journal :
Family Court Review
Publication Type :
Academic Journal
Accession number :
134233127
Full Text :
https://doi.org/10.1111/fcre.12400