• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phone: 3465 9332

Logo
  • Home
  • Our Team
    • Courtney Barton – Legal Practice Director
    • George Finn – Practice Manager
    • Chris Colwill – Partner
    • Elizabeth McAulay – Senior Associate
    • Rachel Elaurant – Solicitor & Support Team Leader
    • Shinai Fisher – Solicitor
    • Shania Fernandes – Solicitor
    • Jessica Beath – Paralegal
    • Chloe Absalom – Law Clerk
    • Cailey Brazel – Legal Assistant
    • Emily Smith – Legal Assistant
    • Megan Peace – Senior Associate
  • Family Law Services
    • Divorce Property Settlement Lawyer Brisbane
    • Spousal Maintenance Lawyers
    • Superannuation Splitting & Advice Lawyers
    • Child Custody Lawyer Brisbane
    • Child Support Lawyer
    • Child Relocation Family Lawyers
    • Child Abduction Family Lawyers
    • Fixed Fee Consent Order Brisbane
    • Binding Financial Agreements
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Family Court Process
    • Family Mediation
  • Our Story
  • Fixed Fees
  • Common questions
    • Things to know before you separate
      • Separation Advice: Things to do before separation
      • What to do and what not to do before you separate
    • Things you need to know following separation
      • What is my partner entitled to if we split?
      • Separation vs Divorce – what is the difference?
      • Protect your assets and your family after separation
      • The Family Court Mediation Process Explained
      • Understanding the Difference Between Separation and Divorce
      • 6 things you MUST know before hiring a family lawyer
      • Top 10 Myths in family Law Finally Exposed
      • Honesty is the best policy – Why tell your divorce lawyer everything
      • Top 15 things people do wrong in a property dispute
      • Time Limits in Property Settlement
      • Family Court Process
      • Why you should formalise your property settlement
      • Fixed Fee Consent Order Brisbane
      • Duty of Disclosure
      • Beware: failure to disclose may derail your consent order
      • Can the court order someone to leave a house? – Ouster Orders
      • Who stays in the home after separation?
      • Property Acquired after Separation – how is it treated?
      • Post Separation contributions
      • Finally revealed: Top 10 things people do wrong in child custody matters
      • COSTS ORDERS
      • Going back to work after Divorce
      • Beware the criminal consequences of false allegations of sexual abuse
      • Divorce – What you need to know
      • Petrie Family Law Expert speaks about ‘The Twelve year Itch’
    • Spousal Maintenance
      • Spousal Maintenance Lawyers
      • Calculating Spousal Maintenance
      • Spousal Maintenance – Do I have to support my ex after divorce?
      • Bodilly & Hand: Spousal Maintenance ordered 17 years after separation
    • Parenting / Child Custody
      • The Ins and Outs of Shared Custody Arrangements
      • How Domestic Violence affects Parental Responsibility
      • What is sole parental responsibility?
      • What does Equal Shared Parental Responsibility mean?
      • How does a DVO affect parenting orders?
      • I want sole custody of my child
      • Do you want sole Custody? Here’s what NOT to do.
      • Most Common Child Custody Arrangements
      • Drug use in family law explained
      • Interim Parenting Orders
      • How to deal with false allegations in family law
      • What is substantial and significant time?
      • Am I a parent?
      • Court Ordered Paternity Test – What, Why and How
      • My ex is in contravention of a Parenting Order. What can I do?
      • Gay Couple Win Appeal on sperm donor ‘parent’
      • How to spend more time with your children
      • Parental Alienation in Family Court Disputes – Part 1
      • Parental Alienation in Family Court Disputes: Part 2
      • Im not a parent. Can I apply for a parenting order? Non-Parent Parenting orders explained.
      • Can Parenting Orders be changed?
      • When are a child’s views given weight by a Court?
      • What age can a child decide where they live?
      • Application to change parenting orders because of children’s changed views dismissed
      • When can you change your child’s surname?
      • Courtney’s Cases: Interim Orders appealed as Judge avoids determining issues
    • Hague Convention & International Child Abduction
      • Child Abduction Family Lawyers
      • Courts to consider family violence in Hague Convention cases
      • Rights to return of your child if taken to a Non-Hague Convention country
    • Relocation of children & Prevention
      • Child Abduction Family Lawyers
      • Child Relocation Family Lawyers
      • Unilateral relocation of children
      • Prevention is better than Cure – Interim Relocation of Children Cases
      • International Travel with Children After Separation
      • Airport Watch List Orders / Pace Alert Orders
      • Relocation – Full Court confirms decision allowing ADF Mother a ‘blank cheque’ relocation to wherever posted in her employment
    • Protecting Assets
      • Can a discretionary trust protect my assets in a divorce?
      • 10 tips to Protect your Assets in a de facto relationship
      • How to uncover hidden assets to stop your ex reducing your entitlements
      • Injunction to stop my ex selling assets
      • Protect your assets and your family after separation
      • My ex is selling assets. What can I do??
      • Superannuation Splitting & Advice Lawyers
      • What is a Superannuation Payment Flag?
      • Dunworth & Faletti: Application for injunction to stop sale of property where jurisdiction not yet established
    • De Facto relationships
      • Am I in a De Facto Relationship?
      • Breakdown of a De Facto Relationship – Fairbairn v Radecki
      • Are contributions made prior to a de facto relationship considered?
      • Disclosure where jurisdiction is in issue
    • overseas orders
      • Impact of overseas divorce on Australian property settlement
      • Validity of Overseas Orders – Parenting, Marriage and Divorce Orders
      • Clayton & Bant – A multi-jurisdictional family law dispute
    • Property & Financial Settlement
      • Divorce Property Settlement Lawyer Brisbane
      • How does the property settlement process work?
      • Initial Contributions Count – 8 years + 1 child = 78%/82% to Husband
      • My Parents lent me money. Is it treated as a gift or a loan?
      • Post Separation contributions
      • Difference between property and a financial resource in family law
      • Assessing initial contributions in a long relationship
      • The Alter Ego Principle – When a Spouse uses a trust to hide assets
      • CGT rollover for marriage breakdowns – Ellison & Sandini Explained
      • How Trusts are dealt with in a Property Settlement
      • Pet Custody – Who gets the dog in a divorce?
      • Redundancy payment – how is it treated?
      • Future inheritances – when can they be taken into account?
      • What is just and equitable?
      • Is Domestic Violence Relevant in a Property Settlement?
      • Varying property orders
      • Defaulting on Property Orders is Dangerous
      • Effect of Bankruptcy on property settlement
      • Courtney’s Cases: Centrelink fraud or a fraudulent representation to the Court?
      • Limitation periods against solicitors for defective Financial Agreements
      • Court dismisses application for property settlement for same sex couple of 27 years
    • Binding Financial Agreements
      • Binding Financial Agreements
      • Is my Binding Financial Agreement Binding?
      • Does your Financial Agreement Protect you from a maintenance claim?
      • Financial Agreements & Spousal Maintenance & Income tested benefits
      • Superannuation Splitting in Financial Agreements
      • SETTING ASIDE A BINDING FINANCIAL AGREEMENT
    • Child Support
      • Child Support Lawyer
      • Does Child Support change if you get married? Child Support FAQs
      • I want to end a Binding Child Support Agreement
      • I want to challenge my child support assessment
    • Mediation Exemptions
      • Mediation
      • Can I go to court without doing mediation first?
      • Do I have to mediate before court? The exemptions Explained
      • NEWS ALERT – You do NOT need a s60I certificate to file your parenting application – Valack & Valack
    • Domestic Violence
      • Coercive Control finally criminalised in Queensland
      • Domestic Violence Lawyer – DVO – Domestic Violence Order
      • Common mistakes made in an application for a domestic violence order
      • Do’s and Don’ts when applying for a DVO to succeed
      • Is withholding a child domestic violence?
    • Narcissistic Abuse
      • Your Legal Guide to Divorcing a Narcissist – Narcissistic Abuse Explained
      • Top 10 Warning Signs of Narcissistic Abuse revealed
      • When is supervised time ordered? Is Narcissistic Abuse enough?
    • Unacceptable Risk
      • Child Custody and Mental Illness
      • What is unacceptable risk & when will a Court change residence?
      • Mother’s persistent accusation that the Father sexually abused their child results in orders for no time with the Mother
      • Change in residence for children because of Mother’s inability to protect the children from harm
    • Evidence in parenting proceedings
      • Admissibility of opinion evidence & expert evidence in family law matters
      • Recordings as evidence in Family Court
      • Admissibility of admissions at mediation in court proceedings
    • Covid-19
      • The Covid-19 Vaccination – Is mutual parental consent required?
      • I want to apply to the Family Court for inclusion in the Covid-19 List
    • Other Legal
      • NEWSFLASH – What are the New Family Law Rules?
      • Out With the Old, In With the New: Why Fixed Fees are better
      • Apprehended Bias – should Judges & lawyers have drinks pre-judgement?
      • Review of the Family Law System
      • Inquest of Jack & Jennifer Edwards – Lessons Learned
      • WARNING PRACTITIONERS: New Family Law Rules from 1 March 2018
    • Registrar’s decisions
      • Reviewing a Registrar’s decision
  • Family Law Videos
  • Family Mediation
  • Success Stories
  • Narcissistic Abuse
  • Contact Us

How to deal with false allegations in family law

January 17, 2022

It is very upsetting when someone makes false allegations against you or your client, but what is more upsetting is when it seems like the Court believes them and there is nothing you can do about it.

This article highlights some useful tips for dealing with false allegations in family law proceedings.

What you can do when someone makes false allegations against you

There are a few things you can do when someone makes false allegations against you to give your self the best chance of success in your family law matter:

Put in place shields to protect your mental health

It is recommended that before you start litigating you make sure you have the following:

  1. A regular recurring appointment with a counsellor/psychologist.
  2. Good support networks: friends, family, Facebook groups.
  3. A plan for good diet and regular exercise.

You might say that you don’t need a counsellor however, every person that goes through separation, let alone a separation with a child custody battle, is going through a traumatic experience and will no doubt be assisted by obtaining mental health support to manage their mental health. Prevention is better than cure when it comes to looking after your mental health.

As we always say, when a plane is crashing there is a reason the attendant tells you to put your own oxygen mask on first. You can’t be the best parent to your children if you don’t put yourself first and look after your own mental wellbeing first.

When false allegations are made, try to stay calm, talk to your lawyer, and come up with a plan

When first confronted with a false allegation you will feel a rush of emotion from anger to fear to sadness. Try not to panic. It is best to talk to your Brisbane family lawyer as soon as possible. Your family lawyer will be able to give you an objective opinion on the seriousness of the allegation, the relevance/importance of it, and how best to proceed legally.

Send a letter to the other party or their lawyer noting the allegation, denying it and responding to it

It is useful to address the allegation quickly by letter to the other party.

Addressing the allegation quickly by letter will remove any doubt that the other side and their lawyer are aware of your position, and this will help you later in your proceedings when the allegation is ultimately proven to be false.

If court proceedings have already started, depending on the nature of the allegation, your family lawyer may also recommend that you be proactive and address the allegation in an Affidavit as the allegation may be raised when the matter comes before the Court.

If the false allegations have been made in a Court document or affidavit, you can respond to them in your own affidavit

Affidavits are sworn or affirmed statements that are used to communicate the parties’ side of the story to the Court. There may be very serious consequences for knowingly making false statements in an affidavit. These can include a finding by the Court that that person is not a credible witness (which will be detrimental to their case). The Court might also make a Costs Order against a party or they may be referred to the department of prosecutions for consideration as to whether they should be charged with perjury.

Process of an application for a parenting order

It is important to understand the Court process, in particular, how long you might be waiting before the Court can deal with the false allegation. Click the link to learn about the Family Court Process. 

After you have complied with the Pre-Action Procedures, summarised in our articles Do I have to mediate before court? The exemptions explained and ‘Can I go to court without doing mediation first’, you can make an Application for Parenting Orders. The Court can make interim parenting orders, which are temporary until a Trial. At a Trial, the Court will be in a position to listen to cross-examination by you and your former partner and any other relevant witnesses. At that time, the Court will make a final parenting order in respect to the care and welfare of your children. To prepare for the Trial, the Court in some cases will: appoint an Independent Children’s Lawyer, require expert reports to be prepared, obtain documents from various organizations such as schools, doctors/hospitals, the police, DOCS, and require the parties to attend mediation (more than once). This process takes at least 12 months.

The paramount consideration when a Judge is making a parenting orders, is the child’s best interests. All of the above information needs to be obtained to assist the Court in making a final decision about what orders are in your children’s best interests.

You will go to Court multiple times before your Trial. The different court events prior to a trial are commonly referred to as interim hearings and directions hearings. The purpose of a directions hearing is to organize all the things mentioned above to enable the matter to progress in a meaningful way to a conclusion, whether by agreement or by the Judge making a decision at a Trial. The Court will not generally make any orders of substance, that is, for example, with respect to the care and welfare of the children, at a directions hearing. If an interim application is filed and/or orders are sought urgently by a party, the court will list your matter for an interim hearing.

At the interim hearing, both parties can rely upon their affidavits and any independent evidence available to the court, to make arguments as to what interim orders should be made, in the children’s best interests, pending a final hearing (trial). The difficulty is that at an interim hearing, the Court is not in a position to decide whether the allegations are true or false. The independent evidence available at an interim hearing is also usually limited. Given the court is not in a position to determine who is telling the truth and who is lying, at an interim hearing the court will always proceed cautiously, and the Court will base their decision on the agreed facts, the facts not in dispute and the independent evidence.

This means that if a serious allegation is made, the Court will always take it seriously and proceed as if it is true, unless and until there is more independent evidence before the Court (for example a family report) to assist the Court in determining what orders are in the children’s best interests. This is why if someone has made a false allegation that you are abusive, or a drug addict, the Court will usually make interim Orders for the children to only spend time with you under supervision and the Court might order drug testing, to provide evidence to the Court about the drug use of an accused party  This may seem unfair, but step into the Judge’s shoes. The Judge can’t reasonably determine whether a party is telling the truth or not until they have the opportunity to listen to cross-examination of the parties at a hearing. There is no perfect solution to this problem, it is just an exercise in risk management. The Judge is not siding with anyone other than your children, and the Judge’s primary objective and obligation, is to put the child’s safety and best interests first.

Importantly, it may take up to two years for your matter to reach a Final Hearing stage. The process is long and arduous, and it is therefore very important that you obtain legal advice from a family lawyer about the steps you should be taking so that your matter proceeds in the most positive way and in order to put you in the best strategic position leading into a Final Hearing date.

False Allegations – Conclusion

These tips are designed to fortify yourself for the ordeal that is to come. There is no use in sugar coating anything, because it will be an ordeal.

The reality is that it does not matter how good your family lawyer is or how much money you spend, if you are not ready to weather the storm, you will fail.

Even with a family lawyer, you will need to be able to give them your clear instructions, you will need to interview with expert report writers, and ultimately give your evidence orally to the Court. How you perform at each of these tasks will be crucial to the outcome of your matter.

Outside of your litigation, you will need to be a present parent to your children or a diligent employee to your employer. Your life cannot be placed on hold for 12 months or more while your legal matters take their course.

Whilst your legal response to false allegations is important, it is your non-legal response that will make the most difference in helping you through your legal matter in order to achieve the best practical outcome for you and your family. Check out our article on the Top Ten things people do wrong in child custody matters for more information. 

Your family lawyer will do their best to guide you through the legal system so do not hesitate to book a reduced rate consultation with one of our experienced Brisbane Family Lawyers to have a confidential discussion about your individual circumstances and we can develop a strategy to achieve the best possible outcome in your case.

Commonly Asked Questions

Barton Family Law

Primary Sidebar

Online Enquiry

    Footer

    Areas of Practice

    • Child Custody Lawyer Brisbane
    • Divorce Property Settlement Lawyer Brisbane
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Superannuation Splitting & Advice Lawyers
    • Fixed Fee Consent Order Lawyers
    • Family Mediation Representation
    • Child Relocation Lawyers
    • Child Abduction Lawyers
    • Child Support Lawyer
    • Spousal Maintenance Lawyers
    • Family Court Process
    • Family Mediation
    • Binding Financial Agreement Lawyers

    What makes us different from other Law Firms?

    Our Brisbane Divorce & Family Lawyers:

    Only do family law all day every day. That makes us really good at what we do.

    Are dedicated to helping you work through your family law issues so you can have a fresh start.

    Have your best interests at heart.

    Have the knowledge and experience to solve your family law problems, no matter how complex.

    Will help you to reduce the conflict with your former partner.

    Will fight for you and your children.

    Provide exceptional quality service to you, tailored to your individual case needs.

    Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family.

    Will provide you with practical, realistic, commercial and strategic advice to empower you to make smart decisions following separation that will save you time, money and stress.

    Will deliver an outcome to you quickly and cost effectively, with fixed fees for certainty.

    Will do everything within our legal power to get you the best outcome for you and your family.

    Are with you, supporting you, every step of the way from negotiations, to mediation, to litigation and settlement.

    Individual liability limited by a scheme approved under professional standards legislation.

    Contact Us

    Petrie Office

    Address: 4/996 Anzac Avenue, Petrie QLD 4502

    Parking: Underground parking available at the back of the building via O’Loan Street

    Phone: 3465 9332

    Website: Petrie Family Lawyers

    Chermside Office

    Address: 822 Gympie Road, Chermside QLD 4032

    Parking: Across the road at Chermside Shopping Centre

    Phone: 3465 9332

    Website: Chermside Family Lawyers

    Barton Family Lawyers Logo

    Copyright | Disclaimer | Terms of Use | Privacy

    Call Us
    Book a Consultation
    Copyright © 2023 | Website hosted by Lift Legal Marketing