During a contentious divorce, you shouldn't be surprised to hear some hurtful accusations from your spouse — including many that are unequivocally untrue. For example, your spouse may make up allegations that you committed infidelity during your marriage, even if this was not the case. One shocking accusation that you might hear is that you abused your children. Your spouse may fabricate such a claim because he or she wants to get full custody, perhaps as an angry reaction to you filing for divorce. Talk to your divorce attorney and be prepared for such accusations. Here are some ways to challenge and refute such a claim.
Testimony From The Children
Depending on the age of your children, one of the best ways that you can challenge an accusation of child abuse is to get them to make sworn statements on your behalf. While it's not optimal to involve your children in the divorce proceedings to the point that it may seem as though you're forcing them to make negative statements about your spouse, the reality is that they can be good witnesses for your argument that you were not abusive. Remind them that they don't need to criticize what your spouse is saying — rather, they should focus only on stating that abuse did not occur.
No Police Reports
Challenge your spouse's claims of you being abusive by asking him or her to produce copies of police reports. Your divorce attorney will argue that if you were indeed hurting your children, your spouse would have called the police. If your spouse has fabricated this entire episode, he or she will likely respond by saying he or she didn't call the police. Your attorney can then dig into your spouse's integrity as a parent, questioning why he or she didn't protect the children by involving the authorities. Your attorney can then speculate that the police weren't involved because the episode did not take place.
Statements From Others
You can also seek to get sworn statements from a number of people around you. For example, your children's pediatrician can write a statement saying that he or she never saw signs of abuse in the children. Your children's teachers, if necessary, can also write similar statements, given that they'll have known your children well and have seen them daily through the school year. Even family friends and neighbors may be able to write statements that indicate that they did not ever see signs of abuse in your household.
Share22 January 2019
My name is Laura, and I am an attorney specializing in helping clients leave violent marriages. The law can help victims be safe, but many potential clients cannot afford legal services and may be afraid to pursue divorce. They may not be aware of services that have been created to keep them hidden from violent ex-partners and to help them be awarded assets in a divorce so they can provide for themselves and their families. I hope to raise awareness of these issues as well as help direct people in danger to facilities where they can receive guidance and financial assistance.