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Family

What happens if the other parent reports false child protection concerns to try to gain an advantage in our case?

TSL Written by the Treadstone Law team· Updated August 2026

Making a report to a children's aid society that turns out to be false, or made in bad faith to gain an advantage in a parenting dispute, doesn't just disappear once the society determines there's nothing to it - it can become relevant evidence against the parent who made it. Courts consider each parent's conduct and credibility, and the best-interests test can take into account a pattern of using false reports as a tactic, since that behaviour speaks to a parent's willingness to act in the child's actual interests rather than their own litigation position.

That said, proving a report was knowingly false, rather than a genuine but mistaken or overcautious concern, takes real evidence - an unfounded investigation doesn't by itself prove bad faith, since many good-faith reports don't lead to a substantiated finding. If you believe the other parent is doing this, document the pattern - the timing relative to court dates, prior similar reports, and investigation outcomes - and raise it with your lawyer, who can decide whether and how to put it before the family court. Don't let this discourage anyone from reporting a genuine safety concern; the issue is bad-faith conduct, not reporting itself.

Key takeaways

  • A false or bad-faith report can be raised as relevant conduct evidence in a parenting case.
  • An unfounded investigation alone doesn't prove the report was made in bad faith.
  • Document timing, patterns, and outcomes if you suspect reports are being used tactically.
  • The concern is bad-faith conduct, not reporting genuine safety concerns, which should never be discouraged.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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