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Old 01-07-2019, 10:41 AM
iona6656 iona6656 is offline
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Originally Posted by Janus View Post
Would it be a criminal or civil standard?

Would there be any consequences subsequent to a finding that the accusation was false?
I think that the party seeking the restrictions should have the onus to show that there is a chance of harm on a balance of probabilities. Also- where the issue of safety is canvassed- then the judge would be in the position to ask the necessary questions to determine whether a higher level of precaution is necessary during parenting time.

This is all assuming that the criminal matter has not be completed. To my knowledge- if a charge is withdrawn it's withdrawn very early in the process so that this would be helpful in determining whether there are precautionary measures even needed.

I absolutely think there should be consequences to finding that the accusation is false- but not necessarily monetary, or contempt findings etc. I've read a number of cases where, after the trial, the judge finds one parent's accusations are without merit and sometimes frivolous and vexatious - and it's clear that it affected how they determined custody and access time. I think that's a pretty damning consequence- knowing that if you throw out a false accusation- you're going to get called out on it early and it's going to haunt the rest of your litigation.
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