Abstract:
Acrimonious divorces often involve acrimonious custody and access proceedings. In some of these cases, a parent may accuse his or her spouse of abusing the child, and might even report the alleged child abuse to the Child Protective Service, which may in turn bring the case to the Youth Court. This article discusses issues arising from this, such as: What is the process by which the justice system discerns whether a case with severe parental conflict is one with genuine child protection concerns, or one where one or both parents are trying to use the child protection process to influence the outcome of their custody battle? If a case involves both the Family Court and the Youth Court, what is the most expedient procedure to adopt, to avoid conflicting orders and to promote the best interests of the child and his family? The authors examine the jurisdiction and powers of the Family Court and the Youth Court and relevant case law, proposing the most expedient solutions in the child’s best interests, as well as possible improvements to the system.