Gatekeeping by Allegations: An Examination of Verified, Unfounded, and Fabricated Allegations of Child Maltreatment Within the Context of Resist and Refusal Dynamics

• Date: 01 April 2020
• Published date: 01 April 2020
• Author: Stacey Platt,Taina Laajasalo,Michael Saini
• DOI: http://doi.org/10.1111/fcre.12480

GATEKEEPING BY ALLEGATIONS: AN EXAMINATION OF VERIFIED,

UNFOUNDED, AND FABRICATED ALLEGATIONS OF CHILD

MALTREATMENT WITHIN THE CONTEXT OF RESIST AND REFUSAL

DYNAMICS

Michael Saini, Taina Laajasalo, and Stacey Platt

Allegations of child maltreatment and neglect, including child sexual abuse, in the context of child custody disputes pose par-

ticular challenges for child protection services, family law professionals and the courts to identify children at risk of harm, as

well as children impacted and exposed to other risk factors. Accurately identifying child maltreatment requires assessing the

background, the history and the context of the allegations in order to differentiate confirmed, unfounded, and fabricated alle-

gations. The paper provides a review of the history and current understanding of allegations within the context of child cus-

tody disputes by considering the connections of fabricated allegations to the theory of alienation and the role of gatekeeping.

The paper then examines the social science literature regarding allegations within child protection investigations (the preva-

lence, types of maltreatment, reporter of allegations, and case outcomes) and explores the factors that have contributed to the

challenges faced by child protection services to investigate and make determinations regarding allegations within the context

of child custody disputes. We argue for early assessment protocols for child protection services to screen child custody cases,

to differentiate allegations of alienation from other types of harm, to enhance role clarity in these volatile situations, to refrain

from “taking sides”and to work collaborativelywith the family law community. Lastly,we offer legal implications to improve

collaboration between child protection services and the family law field to better respond to these complex cases.

Key Points for the Family Court Community:

Allegations of child abuse in the context of child custody disputes pose significant challenges in determining the

validity of maltreatment allegations.

Fabricated allegations of child sexual are a particular concern within the context of high conflict child custody

disputes.

Fabricated allegations have been considered to be a weaponused by a separating parent, to effectively end the child’s

relationship with the other parent.

The rates of malicious allegations are nowhere near the reported rates originally presented with the theory of alien-

ation by Gardner and others in the last century.

There is no reported research that specifically addresses allegations of child abuse within the context of allegations of

alienation

Allegations of physical or sexual abuse of a child arise in only a relatively small portion of cases where there are

issues of child resistance and/or rejection.

Keywords: Alienation; Allegations; Child Custody; Child Welfare; Gatekeeping.

I. ALLEGATIONS OF ABUSE WITHIN THE CONTEXT OF CHILD PROTECTION

When allegations of child maltreatment and neglect, including sexual abuse, are brought forward

within the context of parents involved in child custody disputes, child protection services, and other

involved professionals (such as police and court-appointed evaluators) often struggle to determine

the validity of maltreatment allegations (Saini et al., 2012). Child protection services may automati-

cally treat a child maltreatment and neglect allegation made by a parent within a child custody dis-

pute as false, fabricated or exaggerated to gain a tactical advantage in the family court system

(Brown, 2003; Jaffe, Johnston, Crooks, & Bala, 2008; Johnston, 2005), suggesting that valid cases

Corresponding: michael.saini@utoronto.ca

FAMILY COURT REVIEW, Vol. 58 No. 2, April 2020 417–431

© 2020 Association of Family and Conciliation Courts