Sun. Jul 14th, 2024

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations
Family Code 3027.1

When and how does the court award attorney’s fees for false child abuse allegations?

Attorney’s Fees as Sanctions for False Child Abuse Allegations

False child abuse allegations may be the worst thing a parent can do to another parent in a divorce.

The type of monster who knowingly makes false child abuse allegations should have his or her parenting time taken away. He or she should also be significantly, monetarily sanctioned in the form of attorney’s fees and costs.

On this page, we go through Family Code 3027.1 – the ultimate sanctions and attorney fee statute against a parent who knowingly makes false child abuse allegations.

Text of Family Code 3027.1

Family Code 3027.1 states:

“(a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, “person” includes a witness, a party, or a party’s attorney.

(b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served.

(c) The remedy provided by this section is in addition to any other remedy provided by law.”

What happens when a parent knowingly makes false allegations of child abuse or neglect against the other parent?

Hopefully, the court vindicates the falsely accused parent and orders supervised visits or some other restricted visitation against the false accuser. But in addition to that, California Family Code 3027.1 gives the victimized parent the ability to seek attorney fees and costs against the person who made the knowingly false allegation.

Notice the following elements to Family Code 3027.1

1. The accusation of child abuse or neglect must be false.

2. The person who made the accusation knew the accusation was false at the time he or she made the accusation.

3. A person includes the party, the party’s attorney and even a witness. That means the falsely accused parent can under the proper circumstances seek attorney fees and costs against the accusing parent’s attorney or even a witness who knowingly made the false allegation.

Family Code 3027.1 is not the only way to seek attorneys fees against the parent who makes false allegations but I believe it is one of the most powerful.

An experienced attorney’s advice is critical in such cases because such motions are complicated and have time limitations attached to them.

Learn more about sanctions by reading the pages linked below.

cited https://farzadlaw.com/attorneys-fees/sanctions-false-child-abuse-allegations

 

 


Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse AllegationsFamily Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee RecoveryClick Here


Abuse & Neglect The Reporters  (Police, D.A & Medical & the Bad Actors)

If You Would Like to Learn More About: The California Mandated Reporting Law Click Here

To Read the Penal Code § 11164-11166 – Child Abuse or Neglect – California Penal Code 11164-11166

Article 2.5. Child Abuse and Neglect Reporting Act (CANRAClick Here

Download the Mandated Reporter form below click link

Mandated Reporter FORM SS 8572.pdf – The Child Abuse

ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS

INFORMATION BULLETIN click here Officers and DA’s  for (Procedure to Follow)

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