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 Illinois, 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 may involve not only family court proceedings but also the intervention of child protective services and potentially the district attorney's office. This could lead to criminal charges being filed. Illinois law mandates that parents have a duty to report suspected child abuse. However, it is also a criminal offense to knowingly make a false report of child abuse. Such false allegations, if made to gain an advantage in a divorce or child custody case, can result in legal consequences for the accuser. When facing such allegations, it is crucial for an individual to seek the guidance of an attorney to navigate the complexities of the legal system and to protect their rights and the best interests of the children involved.