Litigating Child Sex Abuse in Domestic Relations Cases

Authors

Mike McHenry

Date of this Version

2021

Document Type

Article

Citation

Court Review - Volume 57

Comments

Used by permission.

Abstract

IN RULING ON PARENTING TIME DISPUTES COURTS ARE SOMETIMES CALLED UPON TO MAKE FINDINGS REGARDING WHETHER A PARENT HAS ABUSED A CHILD, INCLUDING SEXUAL ABUSE.

Sometimes these abuse allegations are handled in criminal court, and if a conviction enters then the matter is considered resolved. However, if the accused parent is acquitted, or if the prosecuting authority feels the evidence is inadequate to justify a criminal prosecution, then the obligation to assess the allegation’s merits falls to the domestic relations court, where busy dockets and inexperienced practitioners can present a challenge for the judge.