During a divorce, one spouse sometimes alleges the other spouse abuses the couple’s children physically, mentally, emotionally, or sexually—or endangers the well-being of the children by exposing them to inappropriate and illegal behavior such as the use and selling of illegal drugs. Allegations of child abuse are especially serious and the courts treat them as such—often involving child protective services and the district attorney’s office, which may result in the filing of criminal charges.

A spouse who reports the other spouse’s abuse or child endangerment may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue.

And although parents have an obligation to report child abuse, it is a criminal offense to intentionally make a false report of child abuse to gain advantage in a child custody or divorce lawsuit, for example.

In California, allegations of child abuse during a divorce are taken very seriously by the courts. If one spouse accuses the other of abusing or endangering their children, the matter typically involves not only family court proceedings but also Child Protective Services (CPS) and possibly the district attorney's office. Such allegations can lead to criminal charges if substantiated. Conversely, the reporting spouse may also face scrutiny and potential legal consequences if they are found to have participated in, facilitated, or failed to report the abuse, thereby allowing it to continue. California law mandates that parents and guardians report suspected child abuse. However, it is also a criminal offense to knowingly make a false report of child abuse. False reports made to influence a child custody decision or divorce proceedings are illegal and can result in criminal charges and penalties, as well as potential civil consequences.