False Allegations of Child Abuse In Parental Alienation

False Allegations of Child Abuse In Parental AlienationFalse Allegations of child abuse or child neglect of the other parent are sometimes made by an individual seeking to deprive the other parent of custody and/or parenting time with the child or children. If this happens, it is important to immediately go to court to obtain court orders causing the person making the false allegations to enter into counseling and to take parenting courses. An order of protection can also be applied for to prevent the parent from continuing to take this action.

Parental Alienation

Most parental alienation is done intentionally creating problems with the child or children and the relationship with the other parent. However sometimes one parent is alienated by the other parent through negligence and misbehavior without an intentional scheme. Parents who engage in alienation and improper conduct in front of the child will continue to do it if they get away with it. They have to be made to pay a penalty or be confronted with this negative behavior.

Family Courts In New York

The way Family Courts in New York work deal with this issue is for one parent to file a petition alleging improper conduct by the other parents’ towards the children. The conduct is delineated in the petition and the petition can be submitted as an emergency petition. In many instances the Judge will then ex-parte, meaning without the other parent present to defend themselves, issue an order of protection to protect the alienated parent and children. The sheriffs office often serves the petition with a copy of the order of protection granted by the court and information with regard to the next court date. When the parent under the order of protection appears on the next court date, if the courts are busy the case may get adjourned for months at a time. The parent subject to the order of protection can demand an immediate hearing with regard to the allegations. Even though courts are busy, the person subject to the order of protection is entitled to an immediate hearing.

A person improperly accused of domestic violence against the other parent or child must act aggressively and fight for his or her rights. There is an expression, “God helps those who helps themselves.” Our legal system tends to works slowly. It is important for a person who is improperly the subject of allegations of improper conduct to assert their rights vigorously as quickly a possible.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.