Ideally, the courtroom should be a place of resolution — not retaliation. But in some high-conflict cases, litigation itself becomes a weapon, used not to protect children or clarify agreements, but to exhaust, intimidate or financially burden the other parent. When this happens, it’s time to shift our strategy from defending against every filing to protecting the client and the children’s right to peace.
In my practice, I’ve worked with clients who have faced years of repeated, meritless court filings. Often these filings include baseless and false allegations of child abuse. Each false allegation disrupts the lives of the entire family, drains financial resources and prolongs emotional stress — particularly when the children are used as weapons. Family law exists to support the best interests of the child and to offer parents a path forward. When that system is exploited, it’s our role to step in and seek court intervention.
One of the strongest — and most carefully considered — legal tools we use in these cases is asking the court to place limits on future filings. Under Texas law, courts can restrict access to litigation through various civil remedies, including designating someone as a vexatious litigant. While the term may sound harsh, the goal isn’t to punish. It’s to prevent misuse of the legal system and protect families from ongoing disruption.
This remedy is not used lightly. Courts understand that people have the right to seek legal recourse when genuine issues arise. But when a parent repeatedly files motions with no legal merit or based solely on false or fabricated allegations — motions that are dismissed, withdrawn or clearly intended to harass — the court can require that any future filings be pre-approved by a judge. This doesn’t take away anyone’s rights; it simply ensures that the courtroom isn’t weaponized.
Further, courts can consider the pattern of false allegations in determining the best interests of the children in deciding custody and parenting schedules. For instance, if one parent consistently files false allegations of child abuse, whether physical or sexual abuse, the court may order that the parent being falsely accused have full custody of the children and limit the other parent’s time with the children, even so far as ordering all periods of parenting time for the falsely accusing parent to be supervised to limit any further allegations. This is what some in the field call “the nuclear option.”
Use of mental health experts or specialists in child protective services litigation can assist you in proving false child abuse allegations to the court and the long-term damage these allegations can have on the children involved. With enough evidence, the court can use “the nuclear option” to craft an order to protect the children from constant legal disruption and the emotional and mental trauma that can ensue from such disruption.
Proving vexatious litigant behavior and use of the nuclear option can assist in providing peace for your client and the children involved when one parent/spouse attempts to weaponize the court system. Document patterns of litigation abuse, gather evidence and utilize experts and mental health experts to present a strong case to the court for relief.
