AustraliaMy ex is claiming domestic violence that didn't happen to get custody. How does the court deal with false allegations?
Australian courts take false allegations of domestic violence seriously and may dismiss them after scrutiny, but they always prioritise the child’s safety and best interests first.
What the Law Says
The Family Law Act 1975 (Cth) sets out how courts assess parenting disputes involving allegations of family violence — including when those allegations are disputed or unproven. The law requires courts to prioritise the child’s safety above all else, even if allegations are later found to be false.
Under section 60CC(2), the court must consider 'the need to protect the child from physical or psychological harm' as a primary consideration — this includes harm caused by exposure to family violence, regardless of whether a final finding has been made.
Section 60B(1)(a) states that children have 'the right to know and be cared for by both parents', but this is subject to the overriding requirement that the child be safe. A false allegation does not automatically mean the accuser is unfit — but repeated or malicious false claims may affect credibility and parenting responsibilities.
Section 117 allows the court to order a party who makes frivolous, vexatious or misconceived claims — including knowingly false allegations — to pay the other party’s legal costs.
There is no specific offence in the Family Law Act for making false allegations of family violence, but such conduct may influence findings about a person’s credibility, willingness to facilitate a relationship with the other parent, and suitability for shared parental responsibility under section 61DA.
Statutory TextIn deciding whether to make an order, the court must regard the best interests of the child as the paramount consideration.
— Family Law Act 1975 (Cth), s. 60CA — Best interests of the child
Statutory TextThe court must consider: (a) the need to protect the child from physical or psychological harm...
— Family Law Act 1975 (Cth), s. 60CC(2)(b) — Primary considerations
Statutory TextThe court must not make an order that would expose a child to an unacceptable risk of family violence.
— Family Law Act 1975 (Cth), s. 60CG — Protection from family violence
Statutory TextThe court may make an order requiring a party to pay some or all of the costs of another party… where the party’s conduct is frivolous, vexatious or otherwise misconceived.
— Family Law Act 1975 (Cth), s. 117 — Costs
What to Do
Gather evidence that contradicts the allegations (e.g., text messages, witness statements, medical records, CCTV footage).
File a detailed affidavit responding to each claim point-by-point, stating facts and attaching evidence.
Request a family report or independent expert assessment if credibility is central to the case.
Ask the court to consider whether the allegations were made in bad faith — especially if they coincide with custody negotiations or appear inconsistent or exaggerated.
Seek legal advice early; false allegations can impact interim orders, so prompt response is critical.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.