Ex-spouse Makes False Allegation of Abuse

My ex-spouse makes false allegation of abuse? Keep reading. Yesterday, my blog post was a story of a mother who left the marital home with her daughter and kept the father from visiting the daughter. Read that post here. This post looks at the next court decision from the same story, which happened in June 2020, in Ottawa, Ontario.

Ex-spouse Makes False Allegation of Abuse

Not to repeat, but the important part of yesterday’s story is that the mother and father were living separate and apart in the same house. On May 13, 2020, the parents signed a settlement agreement which resolved a lot of outstanding issues, such as custody and access. Two days after signing the agreement, the mother left the house with her daughter and wouldn’t let the father see his daughter.

The mother then went to police and Children’s Aid and said the father physically and sexually abused the daughter. The mother reported that on May 10, 2020, she observed the father sexually assaulting his daughter while giving her a bath. Then the following day, the father threatened the mother with a knife and stabbed her in the stomach.

Judge Finds Mother Was Lying

The Judge conducted a detailed analysis and pointed out all of the problems with the mother’s story. The Judge concluded that the mother was lying. This conclusion was based on:

  • The day after the father allegedly stabbed the mother, the mother left the daughter in the father’s care;
  • Three days after the alleged sexual assault, the mother signed a settlement agreement, which provided for joint custody and equal parenting time;
  • The agreement was signed with her lawyer;
  • The day after signing the settlement agreement, the mother went to the police, but only reported the physical abuse. Apparently she “forgot” a sexual assault had taken place just days before;
  • The police and children’s aid investigated and at the time of the hearing, no intervention had taken place;
  • The same day the mother went to the police, she left the daughter with the father for the night;
  • Two days after signing the settlement agreement and the day after going to the police, the mother confirmed to her lawyer that the agreement would go into effect immediately; and
  • The mother swore a new Affidavit a few weeks later alleging years of physical abuse.

The final piece of evidence that the mother filed with the Court was an audio recording of her daughter saying that she was assaulted by her father. The Judge found the answers repetitive and coached by the mother.

Judge Find Mother Was Alienating Daughter from the Father

The Judge found that the mother fabricated the entire story. The lies resulted in the mother successfully keeping the daughter from the father for an extended period of time. The Judge then found the mother alienated the daughter from the father. This means:

  1. There was a prior positive relationship with the father;
  2. There is an absence of abuse by the father; and
  3. The mother used many alienating strategies.

Some of the most egregious examples of alienating strategies here were:

  • Badmouthing the father in front of the daughter;
  • Limiting contact between the father and daughter;
  • Interfering with Facetime communication;
  • Involving the daughter in the Court litigation’
  • Making false allegations;
  • Withheld important medical information;
  • Cultivated dependency on herself by having the daughter share a bed with her after the divorce.

What Happens When a Parent Makes False Allegations of Abuse and Alienates a Child from the Other Parent

As this was a hearing during the pandemic and was on an urgent basis, the final ruling is only temporary. The Judge did find the mothers actions were so awful that sole custody was awarded to the father. The Judge found that in situations where parental alienation is occurring, it must be addressed immediately.

Lessons Learned From False Allegations

Ex-spouse makes false allegation of abuse? In this situation, the father did everything right. The mother unilaterally decided to keep the daughter from the father. The father may have wanted to immediately escalate the situation with the mother, he took the mature route. He sought relief from the Courts and his patience paid off. He was granted sole custody of his daughter and now has the ability to make decisions in the best interest of his daughter.

If you find yourself in this situation, ensure you remain cordial and professional in your communication with the other parent. Hostility in this situation will not resolve anything. If polite communication is not working, seek legal advice.

If you are in a similar situation, contact Hearty Law for a virtual consultation. Either complete the contact form or email toronto@heartylaw.ca or ottawa@heartylaw.ca.

Hearty Law serves Toronto, Ottawa and surrounding communities.

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