Dupre

*1520 Opinion

In an effort to discourage false accusations of child abuse during custody litigation, the Legislature enacted Family Code section 3027.1. 1 Section 3027.1 allows the court to impose monetary sanctions against a witness, party, or party’s attorney who knowingly makes such a false allegation.

Appellant Amy Lynn Dupre (mother) and respondent Rene Roge Dupre (father) shared custody of their nine-year-old daughter J. J. informed her father of inappropriate sexual behavior by the eight-year-old daughter of her mother’s boyfriend, and father contacted his attorney, respondent Christopher Peterson. Father requested an ex parte temporary custody proceeding, after which the trial court suspended mother’s custody and visitation rights. After receiving a report from Family Court Services (PCS report), the trial court reinstated mother’s custody and visitation and ordered J. have no contact with the daughter of her mother’s boyfriend.

Mother filed an order to show cause (OSC) for sanctions against Peterson under section 3027.1, contending Peterson made false accusations that J. had been sexually molested for almost a year. Mother also accused Peterson of stating mother knew…