False accusations of child maltreatment: A contested issue

Faller, Kathleen Coulborn

doi:10.1016/j.chiabu.2005.10.002

Cited by 13 publications

(9 citation statements)

References 20 publications

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“…This bias is tied to mistrust of women, in particular to the belief that they often make false allegations of child abuse and DV. Studies show that rates of false allegations of child abuse are quite low in divorce cases (e.g., Faller, 2005;Trocme & Bala, 2005), yet in a 1997 study, nearly half of the abuse allegations (physical, sexual, emotional abuse of any family member) were viewed by evaluators as false or inflated (LaFortune & Carpenter, 1998). Male evaluators believed allegations to be false to a greater extent than female evaluators (57% and 34%, respectively).…”

mentioning

confidence: 99%

Beliefs and Recommendations Regarding Child Custody and Visitation in Cases Involving Domestic Violence

Saunders

Faller

Tolman

2015

Violence Against Women

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Research is lacking on differing perspectives regarding custody cases involving domestic violence (DV). In a survey of judges, legal aid attorneys, private attorneys, DV program workers, and child custody evaluators (n = 1,187), judges, private attorneys, and evaluators were more likely to believe that mothers make false DV allegations and alienate their children. In response to a vignette, evaluators and private attorneys were most likely to recommend joint custody and least likely to recommend sole custody to the survivor. Legal aid attorneys and DV workers were similar on many variables. Gender, DV knowledge, and knowing victims explained many group differences.

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mentioning

confidence: 99%

Beliefs and Recommendations Regarding Child Custody and Visitation in Cases Involving Domestic Violence

Saunders

Faller

Tolman

2015

Violence Against Women

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“…It has been argued for example, that Gardner's reasoning and methods were problematic and that child sexual abuse allegations in family law disputes are likely to be a reflection of the true prevalence of child sexual abuse in the community (Faller 2005;Faller et al 1993;Freckelton 2002;Kelly and Johnston 2001).…”

Section: The Family Law Discourses: Parental Conflictmentioning

confidence: 98%

How Children’s Voices Were Heard ‘Above the Din’ in Family Court Proceedings in Cases Where There Were Allegations of Child Sexual Abuse: The Importance of Judicial Orientation and Professional Evidence in the Discernment of the Child’s Voice

Foote

2011

Child Ind Res

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This article examines how children's voices can be heard in Family Court hearings when there are allegations of child sexual abuse. Using a case study approach, three judgements are examined to see how judicial determination centralised the information from and about children. In these three purposively selected cases the voices of children was identified from conflicting evidence presented by professional assessors and counsellors. These three cases were selected because of the primacy given to evidence that was presented from and about children. In these cases allegations were not assumed to be artifacts of a parental dispute, instead, the Judge who heard them worked actively to discern the child's voice within the conflicting evidence. Further, these three cases were also distinguished by the range of evidence available that included family reports and assessments from professionals as a result of Court Orders, but also evidence from those who had ongoing involvement with the children in counseling roles. These counsellors were located outside the Family Court, in the child protection sector. The evidence from counsellors was preferred by the Judge as it provided a higher level of detail about the children and their allegations. The 'voice of the child' was constructed by the Judge in their interpretation of professional evidence.

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“…As described earlier, when the decision is not to protect the child because reports cannot be proven, they suffer the consequences. Estimates are only a small number of false allegations occur, with the highest estimate of false allegations reported at 12% in custody disputes (Faller, 2005; Trocme & Bala, 2005).…”

Section: Can a Tj Family Court Better Protect Children?mentioning

confidence: 99%

Nonjudicial Influence on Family Violence Court Cases

Walker

2020

American Behavioral Scientist

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Family courts have rarely considered how their decisions are perpetuating domestic violence and child abuse in the many cases where custody disputes are before them. Rather than judges playing King Solomon themselves, they frequently leave the decision making to mental health professionals and lawyers whose credentials rarely include an understanding of what is needed to recognize, stop current abuse and prevent future violence. This article employs a literature review to examine the consequences of this decision making. Research shows that both male and female judges are skeptical of mothers’ claims of abuse and that their opinions contain negative stereotypes of women on which theories of parental alienation are based. More frighteningly, when guardians-ad-Litem or Custody Evaluators were entrusted with these decisions, research shows an intensification of the courts’ skepticism toward mothers’—but not fathers’—claims of abuse. Traditional family court procedures continue the serious risk of harm to women and children by minimizing domestic violence and child abuse, often using unproven and unscientific alienation theories as an excuse not to protect them. The article concludes with a discussion of the role specialty courts that employ therapeutic jurisprudence can play in improving this process for children.

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False accusations of child maltreatment: A contested issue

Cited by 13 publications

References 20 publications

Beliefs and Recommendations Regarding Child Custody and Visitation in Cases Involving Domestic Violence

Beliefs and Recommendations Regarding Child Custody and Visitation in Cases Involving Domestic Violence

How Children’s Voices Were Heard ‘Above the Din’ in Family Court Proceedings in Cases Where There Were Allegations of Child Sexual Abuse: The Importance of Judicial Orientation and Professional Evidence in the Discernment of the Child’s Voice

Nonjudicial Influence on Family Violence Court Cases

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