A practice that is becoming all too frequent--especially after a messy separation-- is the filing of false, or grossly misrepresented, "abuse" or "neglect" reports with so-called "child protective" "services" (CPS) by disgruntled former partners. While this can most definitely have the desired effect with regard to creating havoc in someone's life, it is illegal and a violation of the Biblical injunction against "bearing false witness."
When it first started to be a problem over a decade ago now, the courts typically would stand by the accuser in a misplaced intention to "err on the side of caution," but with the obvious abuse of the court system to simply "get an Ex," that has been gradually changing-- resulting now in not infrequent criminal penalties being levied against the party bringing the false report.
Indeed, several states which may previously have had little or no penalties established to deal with such behavior, have sine enacted legislation, or strengthened existing statute, dealing with the issue. In short, what may have once been a handy tool of illegitimate justice may now come back to bite the perpetrator. Not only have the courts gotten tired of handling so many numerous and frivolous cases, but the attitude of society has shifted somewhat in favor of those abused by these types of false accusations.
Here are some decent tips on dealing with false accusations (whether from a well-intended person, or from a disgruntled person):
"False Allegations of Child Abuse: What Should You Do?
Attempt to prevent the possibility of false allegations by avoiding being with children without another adult present. Day care workers, scout leaders, coaches, and others who could be the target of false allegations can lessen the likelihood of those charges sticking by having another adult present who can corroborate that nothing inappropriate happened.
Attempt to resolve custody disputes amicably in order to avoid the possibility of an angry spouse or former spouse using false allegations as a means of punishment or obtaining custody.
Avoid engaging in any conduct that could be deemed inappropriate when dealing with children, such as making sexually suggestive comments, telling dirty jokes, rough-housing, or engaging in overly aggressive horseplay.
Hire an experienced attorney if someone levies false allegations against you. Even if you trust that the truth will prevail, or that the accuser will calm down and retract the accusations, it's imperative that you consult with an attorney who knows the legal issues and system involved and can safeguard your interests.
Educate yourself about the subject of false allegations of child abuse and the laws of your state so that you have a greater understanding of the situation, can protect yourself, and can work as a partner with your attorney.
(Source: https://family.findlaw.com/child-abuse/do-s-and-don-ts-false-allegations-of-child-abuse.html)
While the above excerpt is targeted more towards professional people who may have false charges made against them for their actions while in performance of their child-related duties, the following is more specifically tailored to parents being falsely accused by angry Exes seeking custody or just pure vegeance:
"As uncomfortable as it is, you should comply with the investigation and be as cooperative as possible. In addition, if you have been falsely accused, you should gather relevant evidence to support your case. This may include statements by your family members, co-workers, friends, or neighbors — anyone who can vouch that you are a loving parent and would never harm your children. While it may turn into a game of "he said, she said," having the support of others will help the judge see that you are not abusive.
In particular, let the people closest to you know what is going on and encourage them to speak openly and honestly about your parenting abilities when interviewed by child protective services or court personnel. Know that your supporters can also provide written statements to the court regarding your abilities as a parent. Simply having people who can state that they never saw you mistreat or threaten your children will help your case. If no evidence of abuse is discovered, the investigation will be closed and the court will officially determine that either no abuse took place or it cannot be confirmed."
(Source: https://www.verywellmind.com/if-youre-wrongly-accused-of-child-abuse-2997656)
The following is an account of a Q&A regarding suing a person making a false accusation, written by a "family law" attorney. Keep in mind, that to prevail in such a suit for damages, you are going to need to be able to convince a judge or jury that the person filing the false charges did so knowing they were false, and that they did so maliciously--not an easy task:
https://www.avvo.com/legal-answers/can-you-sue-a-person-for-filing-false-accusations--2149095.html
You could prevail without damages, though, if your goal is simply to retain custody or to have a false report expunged. Do not assume your local CPS office will erase the record unless you insist upon it. Whenever dealing with CPS you need to be very thorough about everything you do.
Sadly, there is also the issue of dealing with CPS interventions that spring from false reports, and especially if the should come equipped with a warrant or a court order. Some parents have run into trouble with the following, and you should be aware of how bad things have gotten in society and what effect that can have on you and your family:
"If there are allegations of abuse that may have left marks under clothes, DHS...takes the position that it can examine any part of your child’s body. DHS caseworkers may ask the child to remove his or her clothes, or ask you to remove the child’s clothes. Usually, they will then take photographs. This is true even if there are no marks. DHS has many photographs of private areas of children with 'no marks.' They take a picture of the area of the body related to the allegation, and of the child’s face to match with that picture.
There are several reasons not to allow this. The first reason is that children may experience strip-searches as comparable to sexual abuse. A second reason is that it desensitizes children to removing their clothing for adult strangers, which is dangerous for the child. A third reason is that you may take the position that the photographs are insufficiently secured and put your child at risk for being a victim of child pornography. DHS personnel..have admitted these photographs are carried around on cell phones for weeks, DHS has no safeguards to prevent them from being uploaded to the Internet, and printed photographs of children are stored in an unsecured way in a DHS file room that many people can access. If there is any discussion of taking photographs of private areas of your child, consult with your attorney immediately. A good alternative is to volunteer to have the child examined by a medical doctor. The caseworker can also ask for an order for a medical examination.
You may also find out that, because of an abuse allegation, your child was interviewed, searched, and photographed at school without your consent. Sometimes caseworkers will tell you afterwards, and sometimes they will not. If this has happened, you should consult with your attorney on how to get your records from DHS and determine whether and to what extent your child’s constitutional rights were violate"
(Source: https://telioslaw.com/special-education-blog-posts/262-child-abuse-false-report)
Again, though, dealing with false complaints can be troublesome but not as bad as being found guilty of intentionally filing one maliciously. There are almost no remaining jurisdictions where this, if proven in a court of law, will not land you in jail. So, think, before reacting, or over-reacting, and always try to resolve things with your Ex amicably--for both your sakes' and for the childrens'.
