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Reason
Reason
Eugene Volokh

Unconstitutional for Court to Threaten Suspending Custody Rights for "Any Further Unfounded Allegations" of Abuse

In Chandler v. Chandler, decided yesterday by the Washington Court of Appeals (Judge Linda Lee, joined by Chief Judge Rebecca Glasgow and Judge Bernard Veljacic), Child Protective Services had found that a father had sexually abused two of his daughters, but a Superior Court judge reversed, stating, "the Court is not convinced on a more probable than not basis that actual sexual abuse occurred." (This was apparently largely based on the testimony of "a licensed mental health counselor and mediator" who had "served as a reunification counselor and saw all members of the Chandler family"; you can read the opinion for more details that may explain why the court so held.)

Based on this, the court left the mother with primary physical custody, but gave visitation to the father, and added:

Any further unfounded allegations filed with Child Protective Services by or at the instigation of [mother] will be grounds for suspension of her rights under this Order when those allegations are brought to the Court's attention by a motion.

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