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Domestic Violence and Family Court in British Columbia

How BC family courts consider family violence in parenting decisions.

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LEGAL & COURT SAFETY

Parenting Orders, Family Violence, and Safety Considerations

Parenting Responsibilities Under the Family Law Act (FLA)

In many Canadian provinces, including British Columbia, Alberta, and others that use a Family Law Act, parenting decisions are based on what is in the best interests of the child. The exact wording and details can differ by province, but some common ideas include:

Children’s safety and security are the first concern.
Children should have as much time with each parent as is safe and appropriate.
Parents are usually expected to support the child’s relationship with the other parent, when it is safe.

Under an FLA, “parenting responsibilities” usually refer to major decisions about the child, such as:

Health care (doctors, treatments, counselling, medication)
Education (school choice, special supports, extra help)
Religious or spiritual upbringing
Activities, recreation, and cultural connections
Day-to-day care when the child is with that parent

A court can:

Give one parent most or all of the parenting responsibilities, or
Ask parents to share some or all responsibilities, if that is safe and workable.

Each province and territory has its own laws and terms (for example, “decision-making responsibility” or “parental responsibilities”). The ideas are similar, but the details and forms are different depending on where you live.

The “Family Violence” Factor

Under most Family Law Acts and the federal Divorce Act, family violence is a key factor when a court decides what is in the child’s best interests. Family violence can include more than physical harm. It may include:

Physical or sexual harm or threats
Emotional or psychological abuse
Controlling behavior, intimidation, or coercion
Financial control that limits basic needs
Harassment, stalking, or technology-based abuse
Exposing a child to conflict or abuse between adults

When family violence is raised, the court generally looks at:

Whether the child or a parent has been directly harmed or threatened
How often the violence happened and over what period of time
How serious the behavior was and whether it is ongoing
Whether the person has taken steps to change (for example, programs or counselling)
The impact of the violence on the child’s safety, security, and well-being

You do not need a criminal charge or conviction for a court to consider family violence in a parenting case. Courts can consider many types of evidence, including non-criminal incidents.

When Supervision or Limits on Parenting Time May Be Used

When there are safety concerns, a court may use conditions or limits on parenting time. These are usually meant to reduce risk while still supporting the child’s connection with a parent when possible and safe.

Depending on the situation, a court may order:

Supervised parenting time – time with the child is supervised by a professional service, an agreed third party, or sometimes in a specific location.
Supervised exchanges – a neutral person or centre manages pick-ups and drop-offs so parents do not have direct contact.
Shorter or less frequent visits – parenting time is limited in length or frequency while safety and stability are monitored.
Conditions on communication – for example, using only email, messaging apps, or parenting platforms instead of in-person conversations.
Restrictions on substance use – requirements related to alcohol or drug use during parenting time, when relevant to safety.
No overnights for now – day-time contact only, with possible changes later if the situation becomes safer.

In more serious or ongoing violence situations, a court may:

Limit parenting time to very short, supervised visits, or
Temporarily or long-term stop parenting time if it is not safe for the child.

These decisions are case-by-case. Courts try to balance the child’s need for safety with the benefit of a relationship with each parent, where that relationship can be safe.

How Evidence of Family Violence Is Weighed

Courts consider many types of information when deciding whether family violence affects parenting arrangements. They generally look at:

Credibility and consistency – whether statements and documents are consistent over time.
Details and context – what happened, when, where, and how it affected the child and the parenting relationship.
Patterns of behaviour – whether incidents form a pattern of control or fear, not only one-time events.
Impact on the child – how the child has been affected emotionally, physically, socially, or at school.

Evidence can include, for example:

Affidavits or sworn statements from the parties
Texts, emails, or messages that show threats, control, or harassment
Photos, call logs, or other records
Reports or notes from police or child protection, where they exist
Medical or counselling records, if they are provided to the court
Reports from parenting assessors or other professionals, where ordered

Courts usually do not focus only on whether the person meant to cause harm. Instead, they look at how the behaviour affects the child’s sense of safety, the other parent’s ability to care for the child, and whether it would be safe for the child to spend time with that parent.

Evidence rules and processes differ between provinces and between court levels. A legal clinic, duty counsel, or family law information centre in your area may explain local procedures, but they cannot promise any outcome.

Safety and Support While Parenting Issues Are Ongoing

If parenting issues are happening at the same time as family violence or separation, safety planning can be important. This may include digital safety, planning for exchanges, and preparing for court appearances in ways that feel safer.

Additional support options across Canada can be found through services listed at DV.Support. These services may help with information, referrals, and safety planning.