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 Virginia, allegations of child abuse during a divorce are taken very seriously by the courts. If one spouse accuses the other of abusing or endangering their children, the matter typically involves not only the family court but also child protective services and potentially the district attorney's office. Such allegations can lead to criminal charges if substantiated. Virginia law requires parents 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 motivated by the desire to gain an advantage in child custody or divorce proceedings. If a spouse is accused of abuse, the other spouse may also face allegations if they are suspected of participating in, facilitating, or failing to prevent the reported abuse. The Virginia Code outlines the responsibilities and potential legal consequences for both reporting child abuse and making false allegations.