Family Violence in Ontario Family Law: What You Need to Know

Family violence can have a significant impact on family law proceedings, particularly when parenting arrangements and the safety of children are at issue.

Importantly, family violence does not have to involve physical violence or result in criminal charges to be relevant in family court.

What Is Considered Family Violence?

Under the Divorce Act, family violence is broadly defined and can include physical or sexual abuse, threats, harassment or stalking, psychological abuse, financial abuse, and patterns of coercive and controlling behaviour. It also includes conduct that causes a family member to fear for their safety or the safety of another person.

Children do not have to be the direct target of the behaviour. A child's direct or indirect exposure to family violence can also constitute family violence under the Divorce Act.

How Does Family Violence Affect Parenting Decisions?

When deciding parenting arrangements, the court's primary consideration is the best interests of the child. Where family violence is present, the court must consider its impact, including whether the person who engaged in the violence is able and willing to meet the child's needs and whether requiring the parents to cooperate is appropriate.

The court may also consider the seriousness and frequency of the violence, whether there is a pattern of coercive and controlling behaviour, whether the child was exposed to it, and whether there is an ongoing risk of harm.

What About Restraining Orders?

In appropriate circumstances, an Ontario family court can make an interim or final restraining order where a person has reasonable grounds to fear for their safety or the safety of a child. A restraining order can prohibit contact or communication and prevent a person from attending certain locations.

Conclusion

Family violence in family law is broader than physical abuse. Controlling, threatening, harassing, psychological, and financial behaviour may also be relevant, particularly where it affects a child's safety, stability, or well-being.

If family violence is affecting your separation or parenting arrangements, understanding how the court may consider that conduct can help you determine the appropriate next steps.