In this study international literature is reviewed on allegations of child sexual abuse (CSA) during divorce proceedings. It aims to build upon the existing knowledge on this topic by combining empirical findings from various disciplines. We attempted to answer four research questions that focus on 1) the prevalence of CSA allegations in divorce procedures; 2) the response of family court judges; 3) the ratio of founded vs. unfounded allegations of CSA under these circumstances; and 4) the possible consequences of the false positives and false negatives in legal decision making for the children and parents involved. The literature study shows that civil judges often seek professional help. The judge generally tends to (temporarily) stop contact between accused parent and child during an investigation. Additionally, there is a general concern about the many actors involved in such cases. It can also be cautiously assumed that one in seven to eight allegations is not founded. We conclude that civil judges have to make important decisions under difficult circumstances: there is little or no evidence, no guidelines, external help lengthens the trial, and there are serious consequences of false positives and false negatives in legal decision-making. Literature is surprisingly scarce and generally outdated.

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This article provides the reader with some introductory information on the newly established Commission on European Family Law (CEFL). Two important theoretical problems surrounding the harmonisation of family law are further discussed: the lack of capacity on the part of the European Union in the field of family law, and the so-called “cultural constraints” argument. Finally, two dilemmas of a more practical nature are addressed: the possibility of harmonising family law by means of binding law, and the thereto related potential of co-operation between the CEFL and the European Civil Code Project.