Can false allegations be considered to be a form of domestic violence? In a previous case in Delaware, the judge ruled false allegations in fact represent an attempt to exert power and control over one’s partner.

Earlier this week, a Nebraska judge issued a custody decision in a parental alienation case.  The father was awarded primary custody because of the mother’s move-away and alienating behaviors.  The court concluded:

“[d]omestic intimate partner abuse includes using a child to establish or maintain power and control over any current or past intimate partner.  Neb. Rev. Stat. Section 43-2922(8).  The Court finds the testimony of Dr. McConnell to be credible as to his observations regarding parental alienation by the Mother.  The Court finds that some of the Mother’s actions are consistent with Dr. Harman’s expert testimony regarding the use of the legal system in order to gain control over the target parent.”  [emphasis added]

These conclusions were based on factual findings that:

“[t]he mother’s claims regarding threatening, abusive behavior by the Father are not credible. Despite seeking court orders limiting contact with the Father, the Mother continued to initiate contact [with] him. The Mother has displayed a similar pattern with a prior boyfriend as well.  The Mother made a false allegation that the Father had tried to hit her with his vehicle while exchanging the children [at] the Law Enforcement Center.” [emphasis added]

In awarding attorneys fees to the Father, the Court later noted the Mother “sought protection from the Court, but frequently disregarded the Court’s no contact orders.  There is at least one outright fabrication, the claim at the Law Enforcement Center.”  While the father had issues of his own, the Court found “the Father is more likely to encourage the children to maintain a positive relationship with the other parent.”

The order also provided that if the parents in the future resided within 20 miles of each other, the custody arrangements would automatically change to equal 50-50 parenting time.  The father was represented by Josh Johnson and expert mental health testimony was provided by Dr. Luke McConnell from North Platte, NE, and Dr. Jennifer Harman from Colorado State University.

The entire ruling is available online.