False Accusations and Criminal Mischief?

[Beaudoin]

For the second time in one year, my ex has made allegations against me about child sexual abuse and twice, both the police and the Children's Aid determined that the allegations are unfounded.

During an investigation by the Office of the Children's Lawyer, they mention that my ex lied about knowing about the allegations. Also, my ex threatened me the week before that she would "seek alternatives" if I didn't do what she wanted.

My questions:

• What can I do about this? Although the allegations are determined to be unfounded, it's incredibly stressful for me to be put through this each time.
• Why isn't law enforcement charging her with Criminal Mischief? I think that it would be helpful to me if she was charged with something to keep her from doing this without just cause.
• She is still keeping them from me. If I bring a motion forward, would it be easy to enforce my existing order? Would she have to pay for the cost?

On the first occasion, I dropped my kids off at her place, and 2 hours and 14 minutes later, she brought them to the hospital emergency claiming that my kids were abused. The hospital recorded evidence of sexual abuse and "obvious bruising" on my son's face. Yet, the CAS dismissed this as no concern!!!

I have concerns that she might be harming them to build evidence, but I don't know what is going on.

[WorkingDAD]

For the second time in one year, my ex has made allegations against me about child sexual abuse and twice, both the police and the Children's Aid determined that the allegations are unfounded.

During an investigation by the Office of the Children's Lawyer, they mention that my ex lied about knowing about the allegations. Also, my ex threatened me the week before that she would "seek alternatives" if I didn't do what she wanted.

My questions:

• What can I do about this? Although the allegations are determined to be unfounded, it's incredibly stressful for me to be put through this each time.
• Why isn't law enforcement charging her with Criminal Mischief? I think that it would be helpful to me if she was charged with something to keep her from doing this without just cause.
• She is still keeping them from me. If I bring a motion forward, would it be easy to enforce my existing order? Would she have to pay for the cost?

On the first occasion, I dropped my kids off at her place, and 2 hours and 14 minutes later, she brought them to the hospital emergency claiming that my kids were abused. The hospital recorded evidence of sexual abuse and "obvious bruising" on my son's face. Yet, the CAS dismissed this as no concern!!!

I have concerns that she might be harming them to build evidence, but I don't know what is going on.

Well, from what I have read court most likely (depends on how you put your case forward) will take custody of kids from such individuals.

It really hard to give any specific advise without info on what stage your litigation are now but if you can afford it (you can get it from library too) try to get this material

Remedies for Unfair Tactics in Family Law Cases
How to Handle Questionable Allegations of Child Abuse
Lorne V. Glass and Tammy Law
Glass Murray Bianchi

it may give you some ideas.
http://www.ottawadivorce.com/forum/f...692/#post81395

[sahibjee]

For the second time in one year, my ex has made allegations against me about child sexual abuse and twice, both the police and the Children's Aid determined that the allegations are unfounded.

During an investigation by the Office of the Children's Lawyer, they mention that my ex lied about knowing about the allegations. Also, my ex threatened me the week before that she would "seek alternatives" if I didn't do what she wanted.

My questions:

• What can I do about this? Although the allegations are determined to be unfounded, it's incredibly stressful for me to be put through this each time.

Sue her.

• Why isn't law enforcement charging her with Criminal Mischief? I think that it would be helpful to me if she was charged with something to keep her from doing this without just cause.

stop expecting that, its not going to happen, police are trained to have zero tolerance ONLY against CLAIMS of domestic abuse, no evidence is needed, only a crying sobbing female is all what is needed to have you charged, you are extremely lucky if you didnt get charged. as a matter of fact police have 99.999% tolerance for criminal mischief when it comes to false allegations of domestic abuse. I have personally read only ONE case where police charged the false accuser; but be assured you wont find many such cases. if you doubt me, read this caselaw.



CanLII - 2006 CanLII 727 (ON SC)

• She is still keeping them from me. If I bring a motion forward, would it be easy to enforce my existing order? Would she have to pay for the cost?

If you already have an order for access you will have to bring a motion of contempt, the judge will most likely simply scold her and "put the matter over" to the next court date, its unlikely that she will have to pay costs as the matter has been put over and you did not have "success". but really the motion is your only option.

On the first occasion, I dropped my kids off at her place, and 2 hours and 14 minutes later, she brought them to the hospital emergency claiming that my kids were abused. The hospital recorded evidence of sexual abuse and "obvious bruising" on my son's face. Yet, the CAS dismissed this as no concern!!!

I have concerns that she might be harming them to build evidence, but I don't know what is going on.

since she has custody, your concerns dont really matter to the system unfortunately.

you should certainly make a video in the state you receive them and in the state you drop them off, i make them every single time and call them the welcome & good bye videos. at the good bye video i even stated what the kid did during the day, what he ate etc. just to be on the safe side.

[Beaudoin]

Thanks for the replies. I appreciate it!!

@sahibjee: It would seem like a lot to do to record every goodbye, but considering the accusations that I'm going through, it may be worth while.

It seems unjust that the costs of enforcing the existing order would be put off on whoever wins the final custody battle! I'm only trying to enforce my existing order. Wow! Where is the justice in that?

[Beaudoin]

@WorkingDad: I'm going to give those references a read! Thanks!