Domestic Violence and Family Court in Prince Edward Island
How PEI courts may consider domestic violence during custody and parenting decisions.
Understanding Custody Factors and Domestic Violence Concerns
Factors Courts Consider in Custody Decisions
When deciding custody arrangements, courts generally focus on the best interests of the child. Several factors may be reviewed, including:
- The child’s age, health, and emotional needs
- The parent-child relationship and each parent's ability to care for the child
- Continuity and stability in the child’s life
- The child's preferences when appropriate for their age and maturity
- Each parent's willingness to support the child’s relationship with the other parent
Raising Domestic Violence Concerns in Custody Cases
If there are concerns about domestic violence, these may be brought to the court’s attention during custody proceedings. Courts take such concerns seriously as they can impact the child’s safety and well-being.
Both parties typically have the opportunity to present information related to these concerns for the court to consider.
Types of Evidence Courts May Examine
In evaluating custody involving domestic violence issues, courts may look at various types of evidence, such as:
- Protective orders or restraining orders
- Police reports or records of prior incidents
- Testimony from witnesses, including family members or professionals
- Medical or counseling records related to the alleged abuse
- Any documented patterns of behavior affecting child safety
When Supervised Parenting Time May Be Ordered
In some cases, courts may require supervised parenting time to ensure the child’s safety. This means a neutral third party is present during the parent-child visits.
Supervised parenting might be ordered when there are significant concerns about the child’s exposure to domestic violence or risk of harm.
Additional support options can be found through resources listed at DV.Support.