False allegations of child abuse from former partners are a reality. Sometimes, they are retaliatory to damage the other parent’s credibility or reputation. This (highly unethical) strategy is used to gain leverage over the other person or to induce the court to change parenting orders. These reports may also be done after a decree has been issued to claim that circumstances have materially changed, warranting a change in parenting time and legal decision making. Other times, false allegations may be purely unintentional, stemming from a misunderstanding of a child’s behavior or statements or from a misinterpretation of a medical situation.

Regardless of whether the false allegations are intentional or unintentional, engaging a lawyer to intervene is crucial. The allegations can quickly escalate, impacting your right to legal decision making over your children and potentially spawning associated felony criminal charges. In some situations, your parenting rights can be terminated [1].

How Child Abuse is Defined in Arizona:

Arizona recognizes that child abuse comes in many different forms, including physical abuse, sexual abuse, emotional abuse, neglect, abandonment, confinement, and exploitation [2]:

• Physical abuse means inflicting physical harm or allowing the infliction of physical harm. Evidence of physical harm includes bruising, swelling, bleeding, burn marks, internal injuries, and missing hair.
• Sexual abuse means “any act designed to stimulate a child sexually” or using a child “for the sexual stimulation either of the perpetrator or of another person.” This can also include exposing a child to sexual stimulation that is inappropriate for them, given the child’s age and role in the family.
• Emotional abuse means causing emotional harm to a child by blaming them, belittling them, treating them unequally to other siblings, or generally lacking concern for their well-being. Emotional abuse can be evidenced by sudden psychological changes in the child manifesting in anxiety, depression, withdrawal, and aggressive behavior.
• Neglect means the inability or unwillingness of the parent to care for the child in such a way that jeopardizes the health or well-being of the child. This generally means failing to provide food, water, shelter, clothing, and other basic necessities, but can also include exposing infants to drugs and alcohol during pregnancy.
• Abandonment means intentionally failing to supervise, support, or remain in contact with your child. When six months passes without contact, then abandonment is presumed [3].
• Confinement means unreasonably restricting the movement of a child through either force, coercion, or intimidation. The reasonableness of the confinement is determined with regard to the length of the confinement and with regard to the child’s age, development, extent of special needs, physical limitations, and behavior.
• Non-Sexual Exploitation means using the child for financial gain (generally by manipulating them into performing illegal activities).

How to Defend Against Allegations of Child Abuse:

The most important step in defending against allegations of child abuse is to seek assistance from an attorney. If DCS has taken custody of the children, you may be entitled to a court appointed attorney. If you are charged with a criminal offense, you also may be entitled to an appointed attorney (often referred to erroneously as a “public defender”).

Not all allegations of child abuse are founded on physical injuries to the child. Frequently, allegations are the byproduct of a parent thinking they heard their child make a statement (often referred to as a disclosure) about being harmed by the other parent. Here, it may be important to find people who will vouch for your parenting skills and your persistent support and care of your children. It may also help to call expert witnesses to help the court understand that the statement was the product of something other than child abuse (e.g. a child was coached, misunderstood, or repeating something they saw on television).

Even when injuries are apparent, sometimes they are explainable by reasons other than physical abuse. For example, children with Hemophilia are more prone to bruising. Similarly, children with other genetic issues may seriously hurt themselves by simply tripping. Maybe a young child fractured their arm not because of serious harm, but because they have brittle bone disease or osteoporosis. Other times, it may simply be a case of kids being kids. Of course, just because your child is injured does not mean they were abused, no matter how fervently your former partner believes so.

How Criminal Charges of Child Abuse Intersect With Your Family Court Case:

Family courts have a lower burden of proof and tend to err on the side of caution. Consequently, family courts may presume that you committed the offences because you were charged, even if you have not been convicted of those charges. This presumption may lead the court to suspend parenting time if it believes doing so protects the child. Because of the deleterious effects of child abuse charges, engaging an attorney early in the process is key.

[1] A.R.S. § 8-533.

[2] Arizona Department of Child Safety.

[3] ARS §8-201(1).

Brad TenBrook is a former Assistant Attorney General in Arizona. Brad’s practice now focuses on child abuse and neglect litigation. 

Sam Fraser is a 2l at Sandra Day O’Connor College of Law. As a law clerk at Woodnick Law PLLC, Sam has the opportunity to assist with real cases and to research areas of interest relating to his future practice of law.