Legal Question in Family Law in California
False Accusations by Custodial Parent
The ex-wife of a friend of mine has threatened to charge him with sexual abuse against his children (daughter age 2 and son age 5). The accusation would be totally false and my friend is absolutely sickened by this and can't believe she would even say such a thing. She has told him on numerous occasions that she would do anything she could to ruin his life. Can you please tell me what needs to be done or what steps my friend needs to take before something happens.
Thank You,
--name removed--Arthur
1 Answer from Attorneys
Re: False Accusations by Custodial Parent
Your friend should take the threats seriously. He should arrange for someone, preferably a female, to be present during all visits. This person should be present at all times when he is with one of the children. What he should not do is either ask for nor consent to supervised visitation. Once the court orders supervision it is nearly impossible to get rid of the supervision of visits.
He should also try to get her threats on tape. Since she is threatening to make a false police report, therefor the taping of the conversation should be legal.