Domestic Violence and Manitoba Family Court
How Manitoba courts consider domestic violence in custody decisions.
Parenting, Custody, and Safety Concerns in Canada
Parenting and Custody Basics
In Canada, decisions about children after a separation focus on what courts call the “best interests of the child.” Words and processes can vary between provinces and territories, but the main ideas are similar.
Key points:
- Parenting time and decision-making are often the focus, instead of older terms like “custody” and “access,” but some regions still use those words.
- The law usually starts from the idea that it is good for children to have safe, meaningful relationships with both parents, unless safety or well‑being is at risk.
- Family violence, including coercive control and exposure of children to violence, is a serious factor in parenting decisions.
- Arrangements can be made by:
- Parents reaching an agreement (informally or in writing), or
- A court making an order when parents cannot agree or there are safety concerns.
Sharing Concerns About Family Violence
When there has been relationship harm or control, it may be important to bring this information forward in a calm, factual way. Courts generally focus on how the behaviour affects the child’s safety, stability, and emotional well‑being.
Ways people sometimes present family violence concerns include:
- Describing patterns, not just incidents – for example, ongoing threats, monitoring, or undermining of parenting, rather than only one event.
- Focusing on the child’s experience – how conflict, fear, or instability has affected the child’s sleep, school, behaviour, or sense of safety.
- Using neutral language – sticking to dates, actions, and impacts instead of speculation about motives.
- Referring to any existing documents – such as safety plans, shelter intake notes, or written agreements already in place.
Types of Information Courts May Examine
Every case is different. Courts may look at a combination of documents, observations, and patterns over time. Not everyone will have all of the items listed below.
Documents and Records
- Police reports or occurrence numbers if police were called.
- Protection or restraining orders that are already in place, and any history of breaches.
- Medical or clinic notes that relate to injuries, stress, or the child’s well‑being (where available).
- School or daycare notes about behaviour changes, attendance problems, or disclosures (if any).
- Emails, texts, or messages that show threats, ongoing harassment, or attempts to control parenting decisions.
- Reports from child protection services, where they have been involved.
Witnesses and Professional Input
- Statements from people who have directly seen interactions, such as neighbours, family members, or professionals.
- Views of the child, which may be gathered through a professional such as a social worker or psychologist, depending on the province or territory.
- Assessments or reports ordered by the court (for example, a parenting assessment or “voice of the child” report).
Patterns of Behaviour
- History of controlling behaviours (financial control, isolation, monitoring).
- Substance use or mental health issues in combination with harmful or unsafe behaviour.
- Willingness of each parent to:
- Follow court orders and agreements, and
- Support the child’s safe relationship with the other parent, where appropriate.
Supervised Parenting Time or Access
In some situations, courts or agreements may set up supervised parenting time (sometimes called supervised access). This is usually considered when there are concerns about safety, abduction risk, substance use, or the child’s emotional well‑being.
Supervised time can take different forms, such as:
- Visits at a supervised access centre or family contact centre, where staff are present.
- Supervision by an approved third party, such as a relative or trusted adult, if the court finds this appropriate.
- Virtual contact (for example, phone or video calls) with agreed rules and schedules, sometimes as part of a transition plan.
Possible features of supervised arrangements may include:
- Fixed start and end times for visits.
- Neutral drop‑off and pick‑up locations.
- Rules about topics that should not be discussed with the child.
- Reviews after a set period to consider whether supervision remains needed.
Some people also look at national and regional resources to better understand options for support, including lists of services available across Canada, such as those found through DV.Support.
Preparing Safely Around Court and Parenting Issues
Thinking ahead about safety around court and parenting processes can help reduce risk. This can include:
- Planning where you will wait at the courthouse and how you will leave the building.
- Letting a trusted person know the time and location of important meetings or hearings, where it feels safe to do so.
- Keeping copies of important documents in a secure location or backed up in a safe way.
- Asking duty counsel, a family justice worker, or a community agency if there are any safety measures available at the courthouse in your area.