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Domestic Violence and Family Court in Alberta

How Alberta family courts may consider domestic violence in parenting and custody matters.

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FAMILY COURT SAFETY

Parenting Orders and Family Violence Concerns

Parenting Orders and “Best Interests of the Child”

Across Canada, courts make parenting decisions based on what is called the “best interests of the child.” This is a broad test that looks at the child’s safety, stability, and overall well-being.

Parenting orders can address:

Who the child lives with most of the time
How decisions about the child are made (education, health, activities, culture, religion)
How parenting time is scheduled (regular time, holidays, school breaks)
Conditions on communication or exchanges (pick-up and drop-off arrangements, contact rules)

Each province and territory has its own laws and specific wording, but common “best-interest” factors often include:

The child’s physical, emotional, and psychological safety
The strength and nature of the child’s relationships with each parent and other important people
The child’s needs, including age, developmental stage, culture, language, and community ties
History of care: who has mainly looked after the child day-to-day
Each person’s ability and willingness to meet the child’s needs and support their relationship with others, when safe
The child’s views and preferences, when it is safe and appropriate to consider them
Any history of family violence and how it affects the child and the other parent

In Canada, family violence is a key part of the “best interests of the child” analysis. Courts generally must consider it and how it may affect safety and parenting.

Raising Family Violence Concerns

Family violence can be physical, sexual, emotional, psychological, verbal, financial, or controlling behaviour. It can also include patterns such as isolation, monitoring, or threats to harm a person, children, pets, or property.

Family courts usually expect family violence concerns to be brought forward clearly and early in the process. This can happen in:

Written court forms or affidavits, where people explain relevant history and concerns
Conversations with duty counsel, legal clinics, or advocates who may help organize information
Case conferences or court hearings, where judges may ask questions about safety

Some provinces and territories have family court processes or specialized services that focus on safety screening, risk assessment, and supports for people affected by family violence.

If talking about violence in court documents feels unsafe, some people choose to focus on describing specific incidents, patterns, and safety concerns rather than using labels. What is safest can depend on your situation.

Evidence Courts May Consider

Different types of information can help a court understand whether family violence has occurred and how it affects parenting. Not all of the examples below are needed or available in every case.

Courts may look at:

Sworn statements (affidavits) from you or the other person about what happened
Police reports or occurrence numbers, if police were called
Criminal charges or peace bonds, including conditions about contact or staying away
Child protection involvement or letters from child and family services, where applicable
Texts, emails, or messages that show threats, harassment, or controlling behaviour
Call logs or recordings of voicemails, where legally obtained
Photos of damaged property or injuries (without sharing graphic details)
Medical or counselling records, if a person chooses to share them and it is permitted
School records showing changes in the child’s behaviour, attendance, or performance
Witness statements from people who saw or heard incidents, or noticed changes in behaviour

Courts have rules about how evidence must be shared and used. There can also be privacy issues with medical or counselling records. A legal clinic, duty counsel, or family law information centre can explain local practices without giving personalized advice.

Additional support options across Canada, including safety planning and information, can be found through services listed at DV.Support.

When Supervised Parenting Time May Be Ordered

Supervised parenting time is when contact between a child and a parent happens under the watch of another adult or a supervision service. It is usually considered when there are concerns about safety or about a parent’s ability to care for the child without support.

Situations where supervised time may be considered include, for example:

Allegations or findings of family violence toward the other parent or the child
Concerns about child abduction or not returning the child
Serious substance use concerns that may affect supervision and safety
Recent or untreated mental health crises that might affect safe caregiving
Long gaps in contact, where a gradual reintroduction is recommended
Concerns about a parent’s ability to follow court orders or boundaries

Supervision may be:

Professional or agency-based, at a supervised access centre or community agency
Supervision by a trusted person, such as a relative or family friend named in the order
Monitored exchanges, where supervision happens only during pick-up and drop-off

Supervised parenting time is often described as a temporary safety measure. Courts sometimes set review dates to see whether conditions can change based on updated information about risk and the child’s well-being.

The exact options, fees, and wait times for supervised access or monitored exchanges can vary by province, territory, and community. Local family justice services or legal clinics can explain what is available in your area.