How Family Violence Can Affect Parenting Decisions in Ontario

What happens when allegations or findings of family violence arise in a parenting dispute?

Family violence does not automatically mean that a parent will lose parenting time or decision-making responsibility. However, courts are required to consider family violence when determining what parenting arrangement is in a child's best interests.

What Does the Court Consider?

Both the federal Divorce Act and Ontario's Children's Law Reform Act specifically identify family violence as a factor when determining a child's best interests.

The court must look beyond whether an isolated incident occurred. It considers the nature, seriousness and frequency of the violence, whether there is a pattern of coercive and controlling behaviour, whether the child was directly or indirectly exposed to the violence, and whether there is an ongoing risk of physical, emotional or psychological harm.

This means that the court may consider the broader pattern of conduct within the family rather than looking at individual incidents in isolation.

Does the Violence Have to Be Directed at the Child?

The simple answer; no.

A child can be affected by family violence even where they are not the direct target. Both the Divorce Act and the Children's Law Reform Act expressly recognize a child's direct or indirect exposure to family violence.

For example, a child may be affected by witnessing violence, hearing threatening or abusive interactions, observing one parent being controlled or intimidated, or experiencing the consequences of ongoing conflict and coercive behaviour in the home.

Family Violence and Decision-Making Responsibility

Family violence can also affect whether joint decision-making is appropriate.

Courts consider not only a parent's ability to care for the child, but also whether it is appropriate to make an order requiring the parents to cooperate on matters affecting the child.

This can be particularly important where there has been coercive control. An arrangement requiring frequent communication, negotiation and joint decision-making may create opportunities for the controlling behaviour to continue after separation.

Depending on the circumstances, the court may instead order sole decision-making responsibility or structure the parents' responsibilities in a way that reduces conflict and unnecessary contact.

What Can Happen to Parenting Time?

There is no single parenting arrangement that applies to every case involving family violence. The appropriate arrangement will depend on the severity of the conduct, whether it is ongoing, its impact on the child and the level of risk involved.

Depending on the circumstances, parenting arrangements may include regular parenting time, parallel parenting, supervised exchanges, supervised parenting time, or, in more serious circumstances, restrictions on parenting time.

The focus remains on determining an arrangement that protects the child's physical, emotional and psychological safety and well-being.

What About Restraining Orders?

Where there are reasonable grounds to fear for a person's safety or the safety of a child in their lawful custody, the court may also make an interim or final restraining order.

A restraining order can include restrictions on direct or indirect communication and prohibit a person from attending specified locations.

A restraining order may therefore form part of a broader parenting arrangement designed to establish clear boundaries and reduce ongoing safety concerns.

Conclusion

Family violence can significantly affect parenting arrangements after separation, even where the conduct was not directed at the child and did not result in criminal charges.

When family violence is raised, the court considers the pattern and context of the behaviour, its impact on the child and other family members, and whether the proposed parenting arrangement can operate safely.

Every family's circumstances are different. If family violence is a concern in your separation, obtaining legal advice early can help you understand how it may affect parenting time, decision-making responsibility and the protections available through the family court.