Domestic Violence and Maryland Family Court
How domestic violence concerns may influence Maryland custody cases.
Bringing Family Violence Concerns to Family Court
Family Court Responsibilities in Parenting Cases
In Canada, family courts are meant to:
- Make decisions about decision-making responsibility (custody), parenting time (access), and contact with children
- Focus on the child’s best interests, including safety and emotional well-being
- Consider any history or risk of family violence, including non-physical harm
- Issue court orders that try to reduce risk, such as conditions around exchanges or communication
Presenting Family Violence and Safety Concerns
When family violence is a concern, courts generally expect clear, concrete information. This can include:
- Describing specific incidents in simple, factual language (what happened, when, where, and who was there)
- Explaining how the behaviour has affected the child’s safety, routines, or emotional state
- Mentioning any steps taken to protect the child, such as changing exchanges or limiting contact
- Sharing whether there is ongoing fear or risk, and why
Information may be provided through sworn documents (affidavits), forms, or testimony in court, depending on the local process.
Best-Interest Factors with a Focus on Child Safety
All Canadian family courts use a “best interests of the child” test, though the exact wording varies by province or territory. Common safety-related factors include:
- Any history of family violence, including towards the child, the other caregiver, or others in the household
- The impact of the violence on the child’s physical, emotional, and psychological safety
- Whether a person has used the court process, parenting time, or exchanges to continue control or harassment
- The child’s need for stability, routine, and a low-conflict environment
- Each person’s ability to meet the child’s needs without exposing them to risk
- Any safety plans, supports, or services already in place for the child
The court may give significant weight to patterns of controlling or intimidating behaviour, even if there are few or no criminal charges.
Using Protective Orders, Police Documents, and Timelines
Different types of documents can help the court understand risk and patterns of behaviour. Depending on your situation, this might include:
- Protective or restraining orders: Copies of current or previous peace bonds, protection orders, or restraining orders, including any conditions about contact with you or the child.
- Police involvement: Occurrence numbers, police summaries, or reports showing calls to police, wellness checks, or criminal charges.
- Child protection records: Letters or reports from child protection services, if they have ever been involved.
- Health or community records: Discharge summaries, doctor’s notes, or reports from community agencies that describe safety concerns, when available.
A simple timeline can show patterns clearly, such as:
- Key incidents of violence or threats
- Calls to police or child protection
- Hospital or clinic visits connected to safety concerns
- Dates of court orders, breaches, or major changes in parenting arrangements
Supervised Visitation and Structured Contact
When family violence is a concern, a court may consider options to reduce risk around parenting time, such as:
- Supervised parenting time: Visits in a supervised access centre or with an agreed, neutral third party, where someone is present or nearby.
- Supported exchanges: Child hand-offs in a neutral, public place, or through a supervised access centre, so caregivers do not have to interact directly.
- Conditions on contact: Limits on overnight visits, rules about substance use during visits, or requirements for safe communication (for example, text or email only).
- Gradual changes: Parenting time that increases only if safety conditions are followed and risk appears to decrease.
The court may adjust or end supervised parenting time if risks change, new information appears, or conditions are not followed.
Safety and Support Around the Court Process
Family court can feel demanding, especially where family violence is involved. Some people find it helpful to:
- Ask the court or duty counsel about any safety policies at the courthouse, such as separate waiting areas or security escort
- Bring a support person, if allowed, for practical help and note-taking
- Keep a private, written list of safety concerns and key dates to refer to when speaking with lawyers or court staff
- Connect with local community agencies or shelters that understand family court and safety planning
Additional support options and information about family violence services across Canada can also be found through resources listed at https://www.dv.support.