Robert J. v. CATHERINE D.

We are called on in this case to decide an issue of first impression in this state; namely, when must a party falsely accused of child abuse or neglect allegations in a child custody proceeding move for sanctions under Family Code section 3027.1 against the person or persons who made such allegations. Because section 3027.1 is silent on the issue, absent further direction from the Legislature we conclude equitable principles apply to determine the timing of a section 3027.1 sanctions motion. Based on such principles and the public policy of ensuring the best interest of children prevails in child custody cases, we further conclude a party moving for section 3027.1 sanctions must file his or her motion on or before the earliest of 60 days after the judgment or order exonerating him or her from such allegations is served, or 180 days from the entry of such judgment or order.

Plaintiff and appellant Robert J. dated Catherine D. briefly and they had one child together, a daughter. During the course of child custody proceedings involving their daughter, Robert contends Catherine falsely accused him of child abuse or neglect. Almost two years after Catherine initially made…