Domestic Violence and Family Court in British Columbia
How BC family courts consider family violence in parenting decisions.
Understanding Parenting Responsibilities and Family Violence under the FLA
Parenting Responsibilities under the FLA
The Family Law Act (FLA) sets out the responsibilities of parents to care for and make decisions about their children. It emphasizes the best interests of the child as the primary consideration in parenting arrangements. Both parents are encouraged to maintain a meaningful relationship with their child, unless it is not safe or appropriate.
Family Violence Factor
The FLA requires courts to consider any family violence when making parenting decisions. Family violence includes behaviors that cause harm or fear. This factor helps ensure decisions prioritize the safety and well-being of children and parents involved. It may influence how parenting time and decision-making are structured.
When Supervision or Limits May Be Used
In cases where family violence or safety concerns exist, the court may impose supervision or limits on parenting time. Supervision means that a third party may need to be present during interactions between a parent and child. Limits can include restricted times or conditions on contact. These measures aim to reduce risk while supporting the child’s relationship with both parents where possible.
How Evidence is Weighed
The court reviews all relevant evidence to assess parenting arrangements. This can include reports from professionals, testimony, and documented incidents related to family violence or child safety. The goal is to create arrangements that reflect the child’s best interests and physical and emotional well-being.