Tag Archives: false allegations

Child Custody, Crime, General Legal, Opinion

Abusing the Process; False Abuse Allegations to Carry big Consequences

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MS House Bill 1577 seeks to Stop knowingly false abuse allegations/reports.

2)  (a)  A report shall not be considered filed in good faith under this section when it is unsupported by credible evidence; and the person who filed the report intentionally submitted the report knowing it was false. Such report shall be considered a willful false report of child abuse.

          (b)  (i)  Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.

              (ii)  Proof that the person who filed the report reasonably relied on credible evidence or credible information shall be a defense to a claim of willful false reporting.

          (c)  In addition to any fine and imprisonment, and upon a proper showing made to the court, the person may be ordered to pay restitution to the law enforcement agency and/or the Department of Child Protection Services for any reasonable costs directly related to the investigation of the false report.

          (d)  Violations of this section may be prosecuted by the state Attorney General, the Department of Child Protection Services, the county attorney of the county in which the child resides or the district attorney of the county in which the child resides.

     SECTION 2.  Section 97-35-47, Mississippi Code of 1972, is amended as follows:

     97-35-47.  It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that the report is false.  A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both. 

In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency and/or the Department of Child Protection Services reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

     A report is false under this section when it is unsupported by * * * credible evidence and the person intentionally submitted the report knowing it was false.  Proof that the person who filed the report reasonably relied on credible evidence or credible information shall be a defense to a claim of willful false reporting under this section.

False reports unfortunately happen. False reports unfortunately are weaponized. Now, there are consequences that fit the crime.

Matthew Thompson is a child welfare attorney in Mississippi and has seen false reports of abuse end up in Court.

alienation, Child Custody, Child Support

Don’t be a Rotten Parent

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Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.
2. corrupt or morally offensive.
3. wretchedly bad, unpleasant, or unsatisfactory; 
miserable: a rotten piece of work; a rotten day at the office.
4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness.  Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

  1. Bad mouthing the other parent to the child.
  2. Bad mouthing the child.
  3. Being unreasonable in your demands to spend time with the child.
  4. Being unreasonable in the other parent’s requests for additional time.
  5. Unreasonably interfering with the child’s schedule.
  6. Creating an unreasonable schedule for the child to interfere with the other parent’s time.
  7. Making false abuse allegations.
  8. Perpetrating abuse against the child and/other parent.
  9. Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent?  You keep doing the right things. Every time. It’s what is best for your child.  And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

Follow the blog: #BowTieLawyer . You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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