False Abuse Allegations - PAS California

**CALIFORNIA DAD** · 02-14-2008, 09:45 PM

I am in Northern California. I have been divorced twice. The first time was 1993 and I have one daughter from that marriage. It was a very litgious case and I constantly had to seek the courts assistance to enforce visitation. One time I filed a contempt charge in 1995 because my ex failed to meet me at the court ordered location. The day she received notice from the court that she needed to bring my daughter and appear before the court on the contempt charge, she filed a report that I had sexuallly abused my daughter. Investigation determined that mom had done this to stop visitation...my ex never filed any motions about this accusation. She had been reprimanded in earlier hearings for false accusations and was warned that she would lose custody if she ever did it again. This was in South Dakota. I moved all over the country across the state to be close to Minnesota where she moved, to Utah where I was planning to move and now California where I have been since 1999. My second ex denied ever making an accusation against me when I brought it to the attention of the court. She has made a mockery of my joint custody in California for the past five years.

I remarried in 2003 have a daughter from that marriage. Separated 2004 and divorced finalized July 2007. My 2nd ex was very mean to my daughter who was now 12. She threw our things out twice into piles in the driveway and that was enough and I filed the next day. I mistakenly reconciled for a few months without knowing that my 2nd was corresponding with my 1st. During the separation, my 1st ex filed a report with CPS and accused me of being inappropriate with my 12yr old daughter. During the investigation, CPS and the sheriff's department cleared me of any wrongdoing after speaking to my 12 yr old. However they voiced their concern about both of my daughter's safety around my
2nd ex and 6 yr old stepson. Both my 12 yr old and myself told the investigators that we witnessed the boy touch my 8 month old inappropriately. My 2nd went to a counselor prior to our marriage to discuss her concerns about her sons inappropriate and sexually aggressive behavior when he was 4 and 5.

My now 4 yr old daughter has been making statements for the past two years that the boy has been touching her and sexually abusing her. I report it but CPS's response is that they think I am only doing this because my ex has filed so many reports against me. My 2nd ex successfully had custody taken away from me for 44 days in August 2006 based upon a false allegation of abuse. It was reintstated when it was found that mom coached my youngest daughter to say that I hurt her. Since August 2006 my youngest daughter has been put through at least five sexual abuse exams.

Today I had a trial based upon my motion for change of custody for my 4 yr old based upon mother doing this to my youngest, not following any court orders and creating constant turmoil in my youngest daughters life. As I was waiting for my hearing (the attorney's were in judges chambers for two hours) I noticed my teenage daughter was in the hallway around the corner. My attorney didn't tell me they were going to be subpoened. My now 15 yr old daughter has now stated that she thinks she remembers that I had molested her when she was 4 yrs old. My attorney, my ex's attorney and my 4 yr old daughter's GAL interviewed my 15 yr old. The GAL and my attorney both have concerns that she has been coerced to say this by my first ex.

Does anyone have any suggestions for an expert witness of false allegations of child sexual abuse?

**aardvarc** · 02-14-2008, 10:15 PM

You may not need your own expert witness. You might only require a skilled attorney with substantial experience in these types of cases who can successfully cross examine the state's expert witness. Criminal defense attorneys who specialize in these types of cases generally already have a pool of experts to choose from. Worry about finding an expert attorney FIRST - and let the attorney choose the best expert witness for your case. If you don't have one, you can get free referral service from Nichols Consulting at 800-400-8886.

**CALIFORNIA DAD** · 02-14-2008, 10:39 PM

It is not a criminal matter...this is coming from my ex's attorney's filings. No matter...thank you for the information. I do have an attorney who has experience in these matters.
Thank you

**usedbranflakes** · 03-03-2008, 03:34 PM

The problem is that it could be a criminal matter. Your family law attorney has likely seen this frequently.

**cdwjava** · 03-03-2008, 03:56 PM

It is fairly certain that if your teenage daughter testifies that she recalls being molested by you that a criminal investigation will be launched. I doubt any court is going to let that pass. In fact, it's very likely that the matter will be forwarded to the appropriate investigative agency (depending on where it might have occurred) whether she testifies or not.

- Carl

**usedbranflakes** · 03-07-2008, 01:12 PM

There was a case in WV (Kanawha County, IIRC) where the mother wanted custody, tricked the daughter into thinking life was going to be dandy under "manipulative Mom's" roof instead of loving Dad's roof. You can figure the rest. She had the daughter file false allegations against her father.

The daughter, at that point, became a witness in State v. Alleged Molester.

After all the "false" allegations were documented the case proceeded.

Long story short, after the father was convicted and sentenced the daughter recanted in front of the judge at sentencing. The judge told the daughter and mother that they got what they wanted and he is going to prison.

Heard of a similar case on America's Top 40 where a girl had her father put away falsely because he would not buy her a leather jacket (yeah, that dates me).
Heard a similar story where a daughter told her father that he hated her because he didn't get her a car for her 16th birthday. The father had gotten the car and picked it up the morning she was telling him she hated him. She got a call into the counselor's office and was told that her mother was on the way to the hospital and the counselor was taking her to be with her family. Her father had suffered a massive heart attack.

Kids are pretty damned mean, particularly when age and treachery of a bitter woman overcomes youth and exuberance; protect yourself.

My stepfather went through this with a grandchild and had it not been for my mother's documentation, observation of the two, and experience working with troubled youths my stepdad would be in prison. They were trying to extort money

...and there is a clear message in this - You, in prison, result in near Zero child support and alimony. ...and as a paroled Felon or a reeducated Felon you won't generate much money for the Wicked Witch(es) of the West to do with as they please; they sure as hell don't see the poor kids as anything more than a pawn.

**cdwjava** · 03-07-2008, 01:22 PM

While not perfect, the "system" is pretty used to false allegations. Allegations of abuse - physical or sexual - are about as common in a contested custody battle as the sun rising tomorrow. The next most common allegation seems to be neglect.

We have about a half dozen regular callers who are always accusing the other party of neglecting or beating the kid during visitation or primary custody. One father calls weekly to report that his kids aren't going to school, are smoking marijuana, staying out after curfew, etc. and demanding we arrest mom. When I suggest he sue for full custody he says he does not WANT custody ... hmmm ... so, all he wants is mom to get punished. Of course, while the boys are pains here, when they were with dad, one burglarized a neighbor's home and stole a handgun.

Ain't love grand when it goes south?

- Carl