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False Allegations of Child Abuse in Illinois Child Custody Cases
Article written by Illinois Attorney Kevin O’Flaherty
In this article, we explain what happens if one parent makes false allegations of child abuse against the other parent in an Illinois child custody case. For a broader discussion of how Illinois courts determine parenting time and responsibility, check out our article: Illinois Parenting Laws 2019.
In order to determine how to allocate parenting time and responsibility, Illinois courts weigh several factors in order to determine the best interest of the child on a case-by-case basis. Certainly, if one parent is found to have physically, emotionally or sexually abused the child in question, any other child, the other parent, or any other person, this will significantly impact the court’s decision as to parenting time. Although recent studies have found that the majority of abuse allegations in custody cases tend to be founded in fact, occasionally one of the parents will fabricate false child abuse allegations in order to sway the court’s decision with respect to parenting time.
If allegations of child abuse are found by the court to be false and made without reasonable cause, the court may penalize the parent who made the false allegation in the following ways:
