During a divorce, one spouse sometimes alleges the other spouse abuses the couple’s children physically, mentally, emotionally, or sexually—or endangers the well-being of the children by exposing them to inappropriate and illegal behavior such as the use and selling of illegal drugs. Allegations of child abuse are especially serious and the courts treat them as such—often involving child protective services and the district attorney’s office, which may result in the filing of criminal charges.
A spouse who reports the other spouse’s abuse or child endangerment may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue.
And although parents have an obligation to report child abuse, it is a criminal offense to intentionally make a false report of child abuse to gain advantage in a child custody or divorce lawsuit, for example.
In Hawaii, during a divorce, allegations of child abuse or endangerment by one spouse against the other are taken very seriously by the courts. Such allegations can lead to the involvement of Child Protective Services and the District Attorney's office, potentially resulting in criminal charges. If a spouse reports abuse or endangerment, they may also face scrutiny and possible charges if they are found to have participated in, facilitated, or failed to prevent or report the abuse, thereby allowing it to continue. Parents in Hawaii have a legal obligation to report suspected child abuse. However, it is also a criminal offense to intentionally make a false report of child abuse. False reporting can be done to gain an advantage in child custody or divorce proceedings, and such actions are punishable under Hawaii law. The state aims to protect the welfare of children while ensuring that the legal process is not misused for personal gain.