Domestic Violence and Ontario Family Court
How domestic violence may affect custody and parenting-time decisions in Ontario.
Understanding Best-Interest Factors and Family Violence Concerns in Parenting Cases
Best-Interest Factors Under the Children’s Law Reform Act
The Children’s Law Reform Act guides how courts decide parenting arrangements. The main focus is always the child’s best interests. Factors considered include the child’s needs, the relationship between the child and each parent, and the ability of each parent to care for the child. The court also looks at the child’s views when appropriate and any history that might affect the child's well-being.
Raising Family Violence Concerns
If family violence is involved, it is important that the concern is clearly raised during legal processes. Courts take these concerns seriously and examine them with the goal of protecting the child and the affected parent. Detailed and specific information helps the court understand the nature and impact of any violence.
When Supervised Parenting May Be Considered
Supervised parenting may be ordered when there are safety or care concerns. This arrangement involves a third party being present during visits to ensure safety for the child and parent. It is generally considered when there are risks related to family violence, neglect, or other protective concerns but the court also wants to maintain the parent-child relationship.
Types of Evidence Courts Examine
Courts review various kinds of evidence to make informed decisions. This includes witness statements, reports from professionals like social workers or counsellors, medical or psychological evaluations, and any documented history related to the family. The goal is to get a complete understanding to support the child's best interests.