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 Maine, during a divorce, allegations of child abuse by one spouse against the other are taken very seriously by the courts. If one spouse accuses the other of physical, mental, emotional, or sexual abuse of their children, or of endangering the children's well-being through exposure to illegal activities like drug use or trafficking, the court will typically involve Child Protective Services and the District Attorney's office. This can lead to criminal charges being filed. The accusing spouse may also face scrutiny and potential allegations if there is any indication of participation in, facilitation of, or failure to prevent or report the abuse or endangerment. Maine law requires parents to report suspected child abuse. However, it is also a criminal offense to intentionally make a false report of child abuse with the intent to influence a child custody decision or gain an advantage in a divorce proceeding. Such actions are not only unethical but also subject to legal penalties.