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 Massachusetts, allegations of child abuse during a divorce are taken very seriously. When one spouse accuses the other of abusing or endangering their children, the courts may involve child protective services and the district attorney's office, potentially leading to criminal charges. The accused spouse may face allegations of abuse, endangerment, or failure to protect the children. Massachusetts law also imposes a duty on parents to report suspected child abuse. However, it is a criminal offense to intentionally make a false report of child abuse. Such false reporting, if done to gain an advantage in a child custody or divorce proceeding, can result in legal consequences for the person making the false allegations. The state's priority is the well-being and safety of the children involved, and the legal system is structured to address these concerns while also safeguarding against the misuse of allegations for tactical advantage in divorce cases.