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  • False allegations to CAS

    Recently my ex wife made a false allegation about my new partner and my family physically and emotionally abusing our children. Unfortunately she managed to pressure the childen to repeat this to the police and CAS (both kids are 10). After an investigation was done everyone was cleared and CAS provided recommendations for everyone involved to prevent future situations like this from happening again.

    By sheer coincidence (lol) my ex had her lawyer advise she plans to take me to court for full custody of the kids and referenced these outrageous alleged unproven allegations as the reason why she's doing this. Do I have anything to be worried about?

  • #2
    Do you have a final agreement or still in the process?

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    • #3
      Originally posted by rockscan View Post
      Do you have a final agreement or still in the process?
      We have a simple signed 50/50 parenting arrangement. We were working towards a more comprehensive agreement which she doesn't like.

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      • #4
        Originally posted by Brampton33 View Post
        Let me see if I got this right. Ex falsely claims something bogus happened which never did, as a means to reduce your time and/or change custody. It all gets cleared up, wasting police and CAS resources in doing so, thanks to your ex's false allegations.

        Then ex acts as though the false incidents, that were cleared, actually happened, and is taking that and running with it in court? If anything, ex should be reprimanded accordingly. There is lots of case law out there where a parent loses custody over such actions.
        That about sums it up. She's threatening court in an attempt to coerce me into giving up my joint custody.

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        • #5
          Originally posted by jackandjill2000 View Post
          Recently my ex wife made a false allegation about my new partner and my family physically and emotionally abusing our children. Unfortunately she managed to pressure the childen to repeat this to the police and CAS (both kids are 10). After an investigation was done everyone was cleared and CAS provided recommendations for everyone involved to prevent future situations like this from happening again.

          By sheer coincidence (lol) my ex had her lawyer advise she plans to take me to court for full custody of the kids and referenced these outrageous alleged unproven allegations as the reason why she's doing this. Do I have anything to be worried about?

          Im concerned that the children spoke up about the alleged abuse. If they were coached, then CAS should have picked that up. And if they did speak up, then there must have been something that happened. Im sceptical that nothing happened and the kids just agreed to make something up.

          Request your file from CAS and check for accuracy of their notes. It will also show when / who called and what they said. If there are incorrect statements, then use their complaint procedure to have them corrected.

          And I would say, the best thing you can do is to be a good parent for your kids. Make the experience they have with you exceptional. They will realize on their own, who is the parent putting them in a loyalty bind.

          When there is a custody dispute involved, CAS doesnt get involved unless there is no protective parent. The behaviour of CAS also varies from region to region.

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          • #6
            Originally posted by InsideOut View Post
            I�m concerned that the children spoke up about the alleged abuse. If they were coached, then CAS should have picked that up. And if they did speak up, then there must have been something that happened. I�m sceptical that nothing happened and the kids just agreed to make something up.

            Request your file from CAS and check for accuracy of their notes. It will also show when / who called and what they said. If there are incorrect statements, then use their complaint procedure to have them corrected.

            And I would say, the best thing you can do is to be a good parent for your kids. Make the experience they have with you exceptional. They will realize on their own, who is the parent putting them in a loyalty bind.

            When there is a custody dispute involved, CAS doesn�t get involved unless there is no protective parent. The behaviour of CAS also varies from region to region.
            I have a great relationship with my kids. I don't talk about their mother and if they have questions I redirect. She is a very high conflict individual and it upsets her when I don't engage.

            I tried to request the file from CAS but they advised my ex would be notified and would have to provide consent for me to see what she said.

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            • #7
              Originally posted by jackandjill2000 View Post
              I have a great relationship with my kids. I don't talk about their mother and if they have questions I redirect. She is a very high conflict individual and it upsets her when I don't engage.

              I tried to request the file from CAS but they advised my ex would be notified and would have to provide consent for me to see what she said.
              Which region are you in? Usually for your file, they release it. They wont give you her file. And your file might have stuff blacked out.

              This is from one of the CAS sites:

              Access to and correction of records

              If you have received a service from our agency, with limited exceptions, you have the right to access the personal information we hold about you that relates to a service provided to you. We endeavor to keep your information accurate and up to date. You can also request that information in your records be corrected it if is inaccurate, or provide a short statement of disagreement to be added to your records.

              If you would like to request a copy of your service records; request a record correction or provide a statement of disagreement, please contact in writing either by:

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              • #8
                I don't see the CAS saying that the allegations were proven false.

                Plenty of people have said if the police charge you and your case is thrown out on a technicality or even just doesn't go forward you are still guilty. Your kids did say something. You need to talk to a lawyer so you don't say something to the other party or in your affidavits that makes you look bad here.

                Yes, you should be concerned. You didn't say what the kids said about you or what the allegation was or why the CAS and police concluded what they did. Do your own due diligence and get those reports; you may also want to speak to both the police and the CAS to find out what is not in the report and if those items help you get it in writing. Things like "the child was clearly coached" helps you.

                If you are lucky you can use a opinion your ex did wrong to settle this item quickly as long as you are not going for more than 50/50. Just an opinion.

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