Been hit with false accusations during your family law matter? Keep your cool, talk to a family lawyer as soon as possible, and start pulling together any texts, emails or witnesses that back up your version of events. Courts don't take kindly to fabricated claims, you could see custody orders changed, property splits adjusted, or the other party cop a costs order.
- Author bio: "Reviewed by Rowena, Principal Family Lawyer and Director at Ferrall & Co Lawyers, Sunshine Coast."
- Last-reviewed date: January 2026
- Cite: Family Court of Australia, Queensland Law Society, and local Sunshine Coast legal resources, full custody
Being wrongly accused is a big issue in our legal system. It’s hurtful and embarrassing. Fabricated claims can have profound implications for everyone involved.
False accusations can affect any area of family law, including:
Child custody. Kids can get caught in the middle of disputes between co-parents. Untrue claims can be used to manipulate custody arrangements.
Property settlements. Some parties may feel that gaining an advantage in asset divisions will result in a bigger entitlement.
Domestic violence. This is one of the nastiest ways to ruin a spouse’s reputation. False allegations of abuse have severe consequences.
False claims can be a nightmare for all involved. But they don’t have to rule over your case. If your ex-partner is lying to hurt you, there are steps you can take.
Civil law and criminal law — the key differences
This helps you decide if Ferrall & Co is the right firm for your matter.
Disputes between people businesses or organisations
These matters aim to resolve problems or recover loss — not to punish someone.
- Property or boundary disagreements
- Contract and consumer issues
- Workplace or employment disputes
- Body corporate or neighbour concerns
The State alleges an offence has been committed
Criminal charges can affect your record employment travel and reputation. Getting help early matters.
- Assault and domestic violence offences
- Theft burglary robbery
- Fraud and dishonesty offences
- Drug possession supply related charges
General information only not legal advice. For guidance on your situation speak with a lawyer.
Key takeaways
What are false accusations?
False accusations are untrue claims of misconduct during a legal dispute. That can take all kinds of forms. Intentionality is important. You must be able to show that the party knows that the claim is false and is making it maliciously.
Why make a false statement?
We sympathise with the emotions felt in a family law dispute. Humans make risky decisions in stressful situations. There’s also the fact that family law can be adversarial. It’s hardly surprising that separated parents may seek to hurt each other. Here are some common reasons why people make misleading allegations.
Gain Legal Advantage
Perhaps the most common reason to make false claims is to damage the other party’s case. Someone may calculate that framing their former partner may help them get a better result. For example, a party may be:
Looking for a greater share of the custody.
Increasing their share of a property pool.
Ruining their former partner’s reputation.
Influence from Others
Many people listen to friends and family during legal proceedings. This isn’t always a bad thing. It’s perfectly natural to turn to the people closest to you during difficult times. However, there are times when a loved one may seek to convince you to make certain claims to get back at your ex. They could be doing it to support you. However, this may open you up to considerable repercussions.
Lack of Legal Knowledge
Some individuals may not understand how big a deal it is to make spurious claims in a legal proceeding. This could arise from a party not realising what the Court would consider a false accusation. For example, you may think that simply exaggerating the facts of a case may not be that serious. But any misrepresentation may result in consequences.
False accusations during child custody cases
Child custody matters should centre around the best interests of the child. It’s nice to think that parents would put aside their differences for the sake of their kids. Unfortunately, this doesn’t always happen. Spouses can send groundless accusations in all kinds of ways. Here are some examples.
Falsifying evidence
A person may plant false evidence. Parties may manufacture fake medical records or doctor photographs depicting abuse. These false allegations may then be used to:
Make a complaint to the child protective services authority.
Involve the police.
Be presented in court.
This false allegation could then be used to restrict the targeted parent from accessing their child.
Coaching and alienation
A common tactic is for one parent to try to turn the child against their spouse. The object of this behaviour is to alienate the parent. The offending parent can try many methods.
Criticisms
A parent may criticise their former partner in front of their child. Being critical of your former partner isn’t necessarily a problem. However, involving your child causes all sorts of problems. Parents may make up criticisms to feed to their children to influence their impression of the other parent. This may include:
Talking about abuse that never took place.
Alleging substance abuse.
Discussing the other party’s lack of parental ability.
It’s easy to make these comments without hearing how they would come off to someone else. What if they come up in Court? A party could be in a bit of trouble trying to explain themselves.
Coaching
One parent may coach the child to make allegations against the other parent involving abuse or other misconduct. Dealing with coaching concerns is a delicate process that must avoid causing the child even more stress. There are options you can try, such as:
Mental health professionals. Approach a counsellor or psychologist to meet with the child. If they believe coaching has occurred, they may be able to offer their expertise in court. Coaching has issues. Use a counsellor who has experience working with coaching concerns.
Parenting coordinator. A parenting coordinator can help parents implement their childcare arrangements. If one parent has concerns about coaching, the coordinator may be able to facilitate a discussion about these worries.
Take it to court. If coaching is identified by a professional, the judge can implement different parenting orders. The parent found to be coaching may be required to attend counselling. It’s also possible that the parent is placed on supervised visitation.
False Allegation of domestic violence
Allegations of domestic and family violence often come into play during family law proceedings. For example, a judge may need to evaluate the credibility of such claims and determine their impact on custody and other legal decisions.
Are you facing false domestic violence accusations? You don’t need to fly blind. You need sound advice and information about the best course forward. A family lawyer can take an objective look at the facts of the matter and determine the right strategy. Allegations can manifest in different ways.
Fabricated evidence
Parties can go to some lengths to fabricate evidence for domestic violence. Self-inflicted injuries may be used to simulate abuse that hasn’t occurred. These actions can be paired with false testimonies from close associates who may have been coerced or otherwise convinced to play along.
It can’t be understated just how serious these kinds of actions are. Domestic violence is an urgent matter. The Court and other goes to great lengths to protect victims. When a party falsely playing the victim comes along, it puts actual victims at risk. Depending on the situation, there may be a case for a criminal charge. The wrongly accused party may not come out of the situation unscathed. Even if the allegations are proven wrong, there can still be reputational damage that is difficult to reverse.
Impact on Family Court Proceedings
Parties who think that making a false accusation won’t affect their case should reconsider. You can imagine that lying to the Court is going to give it a dim view of your case. Are you in the middle of a custody case? You may end up losing parental access. Are you dividing your property? You may not end up with the division you were hoping for. You may even face legal repercussions.
What to do when falsely accused
There are several things you should do to ensure that you have the best chance of rebutting groundless accusations.
Stay calm
False claims, including false domestic violence claims, can be deeply distressing. You’ll likely feel angry and frustrated. We know it’s easier said than done, but you mustn’t let the accusations get a rise out of you. Think about your response logically. You may want to reach out to your former partner to discuss the issue. Be careful about your interactions with your ex. If you want to communicate, consider using email or other detached means.
Avoid hostile interactions with your former partner. Nothing good can come of rising to any taunts or additional accusations. Instead, keep detailed records of any communication you receive to bolster your case.
Seek legal advice
Don’t approach false domestic violence claims alone. This is no time to be going off on your own. Your best asset is sound advice. When someone is making outrageous claims against you, it’s hard not to respond. But the most likely result is that you’ll just make things worse. Keep a clear head and work on how to refute the accusations.
Maintain full and honest communication with your lawyer. It’s crucial that they are able to effectively track down any relevant supporting evidence.
Follow any court orders
It’s important not to go against any existing orders. We understand that it is difficult and frustrating to deal with a false report being made against you by an alleged victim. However, the last thing you want to do is draw the ire of the Court while facing inaccurate claims.
Respond to the accusation
If your former partner has made a false domestic violence claim against you, respond as quickly as possible. With the help of your lawyer, draft a written statement denying all claims being made against you.
Compile evidence
Gather evidence for your case, such as the following.
Documentary evidence
Text messages.
Emails.
Photographs.
Social media posts.
This evidence could show cooperative dialogue that speaks against allegations of family violence. They may also suggest that there are ulterior motives to the accusations.
Witnesses
Co-workers.
Friends.
Family members.
Obtain testimony from witnesses who can corroborate your side of the story. If you know of anyone familiar with the matter, get their testimony recorded in an affidavit.
With the help of your lawyer, you can submit an affidavit to the local court proceedings regarding the false domestic violence claims, along with your supporting evidence. This may prove that the claims are unfounded.
Independent records
Police reports.
Medical records.
Family reports.
Police involvement that didn’t result in adverse action against you can contradict accusations of violence. Medical records that don’t corroborate the case against you can be very important. If you can point to family reports that detail positive family relationships, it’s more difficult to allege domestic violence.
Consequences of false accusations
False accusations are taken very seriously by the Court. Family law and the Crimes Act both have provisions for false allegations. The Family Court can punish the false accuser differently depending on the issues in family law cases.
Child custody
In child custody cases, the Court may find these actions evidence that the accuser isn’t acting in their child’s best interests. This might also suggest they’re unable to co-parent effectively. If you think this could affect custody arrangements, you’d be right. For example, the Court process may adjust visitation to allow the aggrieved parent more time with the child. If the false claims came from the parent with primary caring responsibilities, physical custody may fall to the other parent. The falsely accused parent may also gain greater responsibility in making major decisions over the child.
Property settlements
If you’re found to have made a false accusation, do you think you’ll get the division you wanted? Possibly not. It’s often the case that the other party had to spend money identifying hidden assets or other matters. Where does their compensation for those expenses come from? Sometimes from an adjustment to the division. The party being falsely accused may receive a greater share of the property pool to compensate for the false allegations. The false accuser may also be required to provide more spousal maintenance if their deception negatively influences the amount set down in a maintenance order.
What the Law Says
There are different laws that are relevant to false allegations in family law that may have implications in criminal law. The Family Law Act and the Crimes Act both contain clauses concerning inaccurate claims.
Regarding false accusations, the Criminal Code Act 1899 states:
Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Queensland, or elsewhere, knowing that such person is innocent of the alleged offence, or not believing the person to be guilty of the alleged offence, is guilty of a crime.
This relates to actions by the offending party that expose their former partner to a police investigation. Such actions may include false allegations of domestic violence. The offender may be liable for imprisonment of 7 to 14 years. A criminal defence lawyer can assist with your legal support.
The Family Law Act also mentions repercussions for false allegations. If a party falsely accuses another party to a family law matter, the accuser may be required to cover the other person’s legal representation costs.
Non-denigration order
There are ways that an accused person can seek justice and deal with it. One mechanism is a non-denigration order. Often, a parent is concerned that their former partner may speak disparagingly about them to their child. To combat this, the Court can include a provision in a parenting order that parties must not denigrate the other parent in front of their child.
Perjury
Anyone who gives false statements under oath in a judicial proceeding is guilty of perjury. This could be done in an affidavit. It’s a criminal offence in Australia. Perjury isn’t uncommon in family law matters. However, it can be difficult to prove, and perjury convictions are rare.
The Court understands that family law proceedings are emotionally stressful. A lot of things may be said. It’s hard to determine the intent behind certain statements.
Proving perjury
Perjury requires clear evidence that the statements are false, and the party who made the statements knew them to be false. However, it is a defence to perjury that the party honestly believed the statement to be true and had simply made a reasonable mistake. You can begin by working with a legal professional to demonstrate an allegation is false based on inconsistencies with documented evidence.
Defamation
Defamation refers to a published statement that harms an individual’s reputation in the eyes of others. For the purposes of defamation, publishing simply means making the statement available to a third party. Defamation suits tend to be uncommon in family law issues. However, there are cases where defamation is relevant.
The burden is on the party that made the statement to prove that it was true. Truth is an absolute defence to defamation. If they cannot prove the truth of the publication, they may be vulnerable to a defamation claim.
One sensitive area where defamatory statements can be made involves accusations of domestic violence or sexual abuse. Here’s a case study.
Dabrowski v Greeuw
In 2012, Robyn Greeuw posted the following on Facebook:
Separated from Miro Dabrowski after 18 years of suffering domestic violence and domestic abuse. Now fighting the system to keep my children safe.
Miro Dabrowski, a schoolteacher and Ms Greeuw’s estranged husband, was made aware of the post by his brother. Four other witnesses testified that they had read the post. One witness who went on a date with the plaintiff saw the post and was shocked and upset by the allegation.
Mr Dabrowski filed a defamation claim. The defendant insisted she didn’t realise the post had been published, which the judge rejected. The judge found the defendant imputed the following:
The plaintiff subjected Ms Greeuw to domestic violence for 18 years.
The plaintiff abused Ms Greeuw for 18 years.
The plaintiff’s children aren’t safe around him.
As a civil proceeding, defamation is governed by the ‘balance of probabilities’ standard rather than the criminal standard of ‘beyond a reasonable doubt’. However, the defendant didn’t prove the truth of her post to the Court’s satisfaction. She was ordered to pay $12,500 to the plaintiff.
Discover: What Is Parental Alienation?
How can we help?
Rowena and her team were absolutely amazing and went above and beyond for me and my daughter. They sorted out my family matter in a very timely manner and very well priced. I would not go past this team if you’re looking for someone that fights for you. She let me have a voice when I really needed it.
– Kayla McGrath
Clients facing false accusations have particular needs:
Compassion for their situation.
Dedication to correcting the record.
A relentless pursuit of the truth.
Our team works to ensure your name is cleared. That involves gathering sufficient evidence and appearing in court to argue your case. You don’t need to bankrupt yourself to access good representation.
Conclusion
It’s easy to toss around accusations. If those accusations are false, you’ve got a problem. That’s why it’s essential to know how to resolve them. When children are involved, you want custody to be worked out in the child’s best interests, not how one parent thinks it should be. Property settlements should reflect each party’s contributions and future needs, not skew unreasonably in one party’s favour. Follow our basic steps to ensure false claims are handled properly.
If you think you have been the victim of a false accusation, contact us today for a no-obligation consultation.
Frequently asked questions
When should I deal with a false accusation?
What can I do if I make a false accusation unintentionally?
How can I maximise my chances of successfully refuting a false claim?
- Get legal counsel early. The last thing you want to do is make a bad situation worse. The right advice will help you take control of the circumstances.
- Don't wait. If you move to deal with the accusation as soon as you learn about it, you'll minimise the chance of it having a major impact on the case.
- Don't let it get to you. We know this is easier said than done. But you need to keep a clear head and avoid doing anything that could lead the Court to look negatively on your case.
