Child Sexual Abuse Allegations in Child Custody, Child Visitation, and Child Protection Proceedings: A Scoping Review

Allegations of child sexual abuse (CSA) in family law cases, such as child custody, child visitation, and child protection proceedings, present complex and sensitive challenges for legal and psychological decision-making. This scoping review synthesizes key findings from 47 empirical studies examining the prevalence, substantiation, and legal consequences of CSA allegations as well as typical case characteristics in this context. The empirical literature falls into three main clusters: Canadian studies using large national datasets from the late 1990s and 2000s; Australian court-based studies primarily from the 2010s; and U.S. research spanning several decades with diverse methodologies. Overall, we found a mean CSA allegation prevalence of 8.9%, and indications that CSA allegations occur less frequently than allegations of other maltreatment types. Substantiation rates vary across studies but average around 43%, with only marginal evidence suggesting slightly lower substantiation when only custody and visitation disputes were analyzed. Deliberate false allegations are seemingly rare; most unsubstantiated claims appear to arise from genuine but mistaken concerns. Limited findings on legal consequences indicate that substantiated allegations usually lead to suspended contact between the accused parent and child. When allegations lack sufficient clarity, courts respond more variably, sometimes restricting contact despite non-substantiation. Significant research gaps remain, particularly regarding the timing and context of allegations, the association of substantiation with legal outcomes, and specific allegation constellations within families. Further empirical research, especially from European and non-Western jurisdictions, is essential to informing evidence-based, child-centered practice.