Domestic Violence and New Brunswick Family Court
How NB family courts may consider domestic violence in custody and parenting matters.
Parenting and Custody Basics in Domestic Violence Cases
Parenting and Custody Basics
Custody decisions focus on the best interests of the child, aiming to provide a safe and stable environment. Courts typically consider both parents’ roles when determining custody arrangements. Parenting plans may include schedules for visitation, decision-making responsibilities, and communication between parents.
Both custodial and non-custodial parents have rights and responsibilities, which can be shaped by agreements or court orders.
When Domestic Violence Concerns Should Be Raised
If there are concerns about domestic violence (DV), it is important to notify the court early during custody or parenting time proceedings. These concerns can influence the court’s decisions about custody, visitation, and supervision.
Courts aim to understand family safety and the potential impact of violence or abuse on the child’s well-being.
Evidence the Court May Look At
To assess DV concerns, courts may review:
- Police reports or restraining orders related to domestic violence
- Testimony from both parents or other witnesses
- Medical or counseling records relevant to abuse or safety
- Documentation of any past incidents or threats
This information helps the court form a view about risks and appropriate custody arrangements.
When Supervised Parenting Is Considered
Supervised parenting time may be ordered if the court believes a parent needs oversight during visits to protect the child’s safety. This can occur when there is evidence or reasonable concern about harm, neglect, or interference linked to domestic violence.
Supervised visits typically take place in the presence of a neutral third party, such as a professional supervisor or trusted individual approved by the court.