False Allegations in Family Court: The Impact on Children, Parents, and Justice

Support from In-Justice Advocacy CIC

At In-Justice Advocacy CIC, we support people—primarily parents—facing false allegations of abuse in family and criminal court proceedings. In most cases, these allegations come from an ex-partner and are used to restrict or eliminate contact with children, to gain legal aid, or to influence financial arrangements such as child maintenance (CSA).

We provide non-legal assistance through McKenzie Friends, paralegals, and peer-to-peer support for those going through the family court system. While we’re not lawyers or counsellors, we’ve lived through these experiences ourselves and understand how overwhelming and isolating the process can be.

The Bigger Picture: Misuse of Allegations in Family Proceedings

Many parents facing separation are devastated to find themselves accused of violence, abuse, or controlling behaviour—allegations that are unfounded or entirely false.

These accusations can lead to:

Loss of contact with children
Criminal investigations
Serious reputational damage
Long-term trauma for both parent and child

While it's essential the system protects real victims, we must also acknowledge the tactical misuse of abuse claims, particularly in the following contexts:

Why false allegations happen:

To prevent child contact or push for sole residency
To increase child maintenance by reducing shared parenting
To access legal aid, which requires claims of domestic abuse or risk
To gain a strategic advantage in court proceedings

What the Research Says: The MacKay Study (2014)

Professor Tommy MacKay, a UK-based psychologist, conducted a landmark study on false allegations in family courts. Published in Educational & Child Psychology (2014), it remains one of the most credible UK-based analyses.

Key Findings:

65% of family court cases studied did not involve any abuse allegations
Of the cases that did, 70% were judged to be false
Another 24% were unsubstantiated, meaning no evidence could confirm the claim
In five cases, there was clear evidence of coaching children to make accusations
Children in cases with allegations were 3x more likely to require mental health intervention

Source: MacKay, T. (2014), Educational & Child Psychology, Vol. 31 No. 3
🔗 Read summary on the BPS website

The Cost of a Broken System

The family court system operates in private, and decisions are based on the balance of probabilities—meaning a judge only has to be 51% convinced. In that environment:

The accused may have no legal representation, while the accuser qualifies for legal aid
Fact-finding hearings—meant to test the truth of allegations—are not always held
Children are sometimes alienated from loving parents based on unproven claims
The long-term emotional toll on families can be devastating