A person who knowingly makes a false statement to a police officer accusing another person of committing a crime (which would include any situation of child abuse) commits the offence of mischief, contrary to section 140 of the Code. If the false allegation resulted in a civil or criminal proceeding in which the person who made the allegation testified, other offences might be committed, including perjury (giving false evidence under oath, section 131) or making a false affidavit (section 138). If the accuser persuaded or misled the child or another person to make a false statement, this would be the offence of obstruction of justice (section 139).
ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER
TABLE OF CONTENTS - ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER (2001-FCY-4E)
(Acknowledgements) ACKNOWLEDGEMENTS - ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER (2001-FCY-4E)
Very powerful paper still today and something all negative advocate solicitors and there HCP clients attempting to consciously deceive the courts and police or are possibly deluded in belief or delusional should consider.
A false allegation of abuse or criminal offence is abuse.
Montague, in the Guide to Custody and Access Assessments ( Toronto: Carswell, 1996) at 357 states:
There is a gradient between the parent who consciously deceives and the one who is deluded in belief and whose accusation are built of several elements: personal history projected unto the relationship; shock and betrayal turned into malevolent mistrust of the other; aggression and hatred; fears based on regressed violent behaviour at the termination of the marriage; comments made in emotional turmoil; suggestibility enhanced by outsiders who are keen to find sexual abuse in men; wishes to denigrate, humiliate and punish the ex-spouse; distortion in thought processes in the mentally vulnerable parents who view their overreaction as protectiveness; and finally, a fervent desire to win a custody case and to be rid of the person forever.
Tayken
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