My Ex Is Making False Allegations About Me, What Can I Do?

• Making false allegations can seriously damage the accuser’s credibility and even lead to penalties and orders against them.

• If you have been wrongly accused or you have had false allegations made against you, seek legal advice as soon as possible, keep evidence, and cooperate calmly with the process.

False allegations may range from accusations of abuse to suggestions of neglect, substance misuse, or parental alienation. False allegations made during divorce proceedings, child custody negotiations, or any other family context can be extremely damaging to all concerned. For the accused, their reputation may be damaged, contact with children may be restricted, and the emotional toll can be immense. For children, being exposed to untrue allegations creates confusion, stress, and harm to relationships with both parents.

Why do spouses or ex-spouses make false allegations?

False allegations against a current or former partner may be made out of spite or to gain an advantage in financial, custody, or other family law proceedings. Allegations of domestic abuse, neglect, or substance misuse may be raised to influence decisions about where a child lives or how much time they spend with each parent. 

Parental alienation is another area where false claims may arise. A parent might allege that the other is deliberately turning a child against them. Sometimes, false allegations are used as a means of control or revenge. They can be motivated by hostility, psychological factors, or simply as a way of trying to gain leverage in financial or custody disputes.

Another reason to make false allegations is simply to frustrate and delay family proceedings. False allegations can lead to police investigations or social services referrals, prolonging the distress for the accused and delaying resolution.

What are the implications of false allegations?

For the person who is accused of false allegations, the immediate consequences can include temporary restrictions on child contact, loss of reputation, and significant emotional and financial strain. Defending such allegations can be stressful (particularly if the allegations trigger parallel investigations by police or social services), potentially costly, and delay the outcome of the matter at hand.

For the person making false allegations, the risks are often underestimated. Courts may view them as unreliable or untrustworthy, leading to:

• Serious financial penalties

• Costs orders (where they are required to pay all of the legal costs of the action taken)

• Criminal liability for wasting police time or perverting the course of justice, potentially leading to imprisonment

• Loss of child custody or access

• A less favourable outcome (e.g. a smaller proportion of the marital assets)

There are also serious implications for children, including confusion, divided loyalties, and long-lasting emotional harm. Judges are increasingly alert to the damage caused to children when parents misuse the court process with false claims.

How do the family courts respond to false allegations?

When it comes to false allegations, family courts in the UK take allegations seriously, regardless of whether they are eventually proved. The court may order a fact-finding hearing to determine what happened. The Children and Family Court Advisory and Support Service (Cafcass) may be asked to investigate and report on the child’s welfare. In some cases, a ‘guardian ad litem’ (GAL) may be appointed to represent the child’s interests.

Other options for the courts include recommending mediation and issuing a no-contact order. A no-contact order may result in the person being accused having no contact with their child. Although this can feel deeply unfair to an innocent parent, the court’s overriding priority is the safety and welfare of the child. Ultimately, until they have a professional opinion, they have to assume that the allegations may have some basis. Once allegations are tested and shown to be false, contact can be restored, and the accusing parent’s credibility may be permanently damaged.

Final words

If you are concerned about what to do if false allegations are made against you by your partner or ex-partner, seek advice from a family law Solicitor as soon as possible. A family law Solicitor can guide you through the process, advise on strategy, and ensure you are properly represented in court. Keep a record of communications, diary notes, and anything that helps establish the truth. Evidence such as text messages, emails, or photographs may be decisive in court. Above all else, try to keep calm and limit contact with the accusing party until you have legal advice.

Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to false allegations. To make an appointment, please contact us on 01932 840 111.

You may also be interested in:

• The Use and Abuse Of Family Court Ex Parte Injunctions

• I Am In An Emotionally Abusive Relationship, What Can I Do?

• What is Post Separation Abuse? Understanding Abuse Control

• What Is An Occupation Order?

FAQs

Can I lose custody over false allegations?

Yes, sometimes temporarily. The court may restrict contact until investigations are complete. Once cleared, your contact rights can be restored.

Should I confront my ex about the false claims?

It is not recommended to confront your partner or ex-partner as this risks escalation. We recommend using legal remedies and the court process instead.

What are the penalties for making false allegations?

They range from loss of credibility and contact to costs orders or, in rare cases, criminal prosecution.

How can I prove my innocence?

By keeping records, preserving communications, and requesting fact-finding hearings or Cafcass involvement through your solicitor.