Sexual abuse allegations and parental separation: Smokescreen or fire?

Bala, Nicholas; Mitnick, Mindy F.; Trocmé, Nico; Houston, Claire

doi:10.5172/jfs.327.13.1.26

Cited by 36 publications

(35 citation statements)

References 4 publications

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“…These actors sometimes consecutively or concurrently deal with the same case, which causes duplicated efforts and delays. Bala et al (2007) claim that all the involved agencies and professionals in sexual abuse cases during separation in fact further complicate the resolution of these cases because of their overlapping duties and at times contrasting interests. Different institutions could be operating in different courts at the same time.…”

Section: Judicial Responsementioning

confidence: 99%

“…Even though in American legislation there is no mention of CSA as a factor in making "best interest" decisions related to children when settling divorce, custody, or access issues, it appears from the review that "best interest" does play an important role. From their analysis of a number of case studies, the authors conclude that when a judge finds that an allegation made by a custodial parentis unfounded, the alleging parent will commonly continue to have custody (Bala et al, 2007). When the allegation is judged to be founded, the judge generally terminates visitation rights, though s/he in some cases might allow visitation if it is considered to be in the child's best interest (e.g., because the child feels emotionally attached to the accused parent).…”

Section: Judicial Responsementioning

confidence: 99%

“…In evaluating a small sample of 11 children in cases of suspected child sexual abuse in custody disputes, Green (1986) concluded that four out of the eleven cases had been fabricated. Bala et al (2007) reviewed literature and presented national data from Canada. The data from the Canadian Incidence Study of Reported Child Abuse and Neglect of 2003 used in this report shows that 18% of CSA allegations in the context of parental separation (12 cases) had been judged to be consciously fabricated, and thus false; 36% (25 cases) were unsubstantiated but made in good faith.…”

Section: Founded Vs Unfoundedmentioning

confidence: 99%

“…Differences in legal systems: A Canadian study (Bala et al, 2007) shows that in 46% of the cases that involve an ongoing custody or access dispute judges, the police is involved. Criminal charges were made in only 3% of the cases.…”

Section: Judicial Responsementioning

confidence: 99%

“…Decisions surrounding custody or access: According to a Canadian/American review (Bala, Mitnick, Trocme, & Houston, 2007), civil judges tend to err on the side of caution when an allegation of CSA is made. This usually entails suspending visitation between the child and the accused parent until a court-ordered investigation is finished (Zarb, 1994).…”

Section: Judicial Responsementioning

confidence: 99%

See 4 more Smart Citations

Between Scylla and Charybdis: A Literature Review of Sexual Abuse Allegations in Divorce Proceedings

Smit¹,

Antokolskaia²,

Bijleveld³

2015

PSYCH

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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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Section: Judicial Responsementioning

confidence: 99%

Section: Judicial Responsementioning

confidence: 99%

Section: Founded Vs Unfoundedmentioning

confidence: 99%

Section: Judicial Responsementioning

confidence: 99%

Section: Judicial Responsementioning

confidence: 99%

See 3 more Smart Citations

Between Scylla and Charybdis: A Literature Review of Sexual Abuse Allegations in Divorce Proceedings

Smit¹,

Antokolskaia²,

Bijleveld³

2015

PSYCH

View full text Add to dashboard Cite

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Findings of unacceptable risk – A comment on Webb et al.'s analysis of child sexual abuse allegations in the Family Court of Australia

Parkinson

2021

Aust J Social Issues

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Allegations of child sexual abuse in the Family Court of Australia: Response to Parkinson

Moloney

Webb²,

Smyth

et al. 2022

Aust J Social Issues

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In this article, we respond to commentary by Patrick Parkinson on our research into allegations of child sexual abuse in the Family Court of Australia (both published in AJSI, vol 56, 2021). Parkinson's primary focus was on two of our key findings: (a) that the child was deemed to be at an unacceptable risk of harm in only 12 per cent of fully contested cases; and (b) that in only 14 per cent of the fully contested cases were the allegations coded as being believed. Parkinson suggested that the fully contested cases are disproportionately those in which police, child protection department staff or independent evaluators have been unable to reach a clear view; and that typically these cases involve children under 7 years old. He concluded that the Family Court was in the "too hard basket" of the child protection system and that our findings were not necessarily indicative of systemic failure. We think both suggestions, as well as the "too hard basket" conclusion, are problematic and explain why. Parkinson's comments have stimulated us to reflect on how Australian family courts are managing this important and complex area of decision-making and what changes may be required into the future.

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Sexual abuse allegations and parental separation: Smokescreen or fire?

Cited by 36 publications

References 4 publications

Between Scylla and Charybdis: A Literature Review of Sexual Abuse Allegations in Divorce Proceedings

Between Scylla and Charybdis: A Literature Review of Sexual Abuse Allegations in Divorce Proceedings

Findings of unacceptable risk – A comment on Webb et al.'s analysis of child sexual abuse allegations in the Family Court of Australia

Allegations of child sexual abuse in the Family Court of Australia: Response to Parkinson

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