Domestic Violence and Family Court in Massachusetts

How Massachusetts family courts may consider domestic violence when ruling on custody.

Child Custody, Parenting Time, and Safety Concerns After Relationship Harm

Basic Terms: Custody, Parenting Time, Divorce

Custody / Decision-Making Responsibility

In Canada, the word “custody” is changing in many laws and courts. You may see terms like “decision-making responsibility” or “parental responsibilities.” These usually refer to who makes important decisions about the child, such as:

• Health care and medical treatment
• Schooling and education
• Religion or spiritual upbringing
• Extra activities and major life choices

Court orders or agreements can say that one parent alone, or both parents together, will make these decisions.

Parenting Time / Access / Contact

“Parenting time” is about when and how a child spends time with each parent. Older terms include “access” or “visitation.” A schedule might include:

• Regular weekly time (for example, certain days or overnights)
• Holidays and school breaks
• Special occasions such as birthdays
• Phone, video, or online contact

Parenting time can be:

• Unsupervised (the parent is alone with the child)
• Supervised (another safe adult or agency is present)
• Limited (for example, shorter visits, or only by video or phone)

Divorce and Parenting Arrangements

Divorce is the legal end of a marriage. Parenting arrangements can be made:

• During a divorce process
• Through family court, even if you were not married
• By written agreement between parents (sometimes filed with a court)

Laws and forms can vary between provinces and territories, so the exact words used may differ where you live.

Raising Safety and Violence Concerns

Sharing Concerns in a Safer Way

When there has been relationship harm, you may want the court or decision-makers to understand safety issues that affect your child. These concerns can sometimes be shared through:

• Court forms or affidavits (sworn statements)
• Meetings with a lawyer or legal clinic, if available
• Mediators or family justice services (if it feels safe and appropriate)
• Child protection workers, if they are already involved

Written information is often used in family court. This can include describing patterns that affect parenting and safety, without giving graphic detail.

Documentation That May Be Relevant

Depending on your situation, people involved in a parenting case may look at:

• Police reports or criminal charges
• Existing protection orders or no-contact orders
• Medical or counselling letters that relate to safety or parenting capacity
• Records from child protection agencies
• Messages, emails, or other communications (where safe and legal to collect)

Talking About Violence Without Increasing Risk

It may be possible to:

• Use neutral, factual language (for example, describing what happened and when)
• Focus on how the behaviour affects the child’s safety and well-being
• Share information through your own representative, instead of directly with the other party
• Ask about safety measures for court, such as separate waiting areas or remote appearances, where available

For a list of additional support options across Canada, including some that explain family court and safety, you can explore resources linked at DV.Support.

Child Safety Factors Courts May Consider

Best Interests of the Child

Across Canada, parenting decisions are usually based on what is in the “best interests of the child.” While details differ by province or territory, factors often include:

• The child’s physical safety and emotional security
• The child’s needs by age, development, culture, and community
• The strength and nature of the child’s relationship with each parent and other caregivers
• Each parent’s ability to meet the child’s day-to-day needs
• The child’s views and preferences, depending on age and maturity

Family Violence and Risk

Many Canadian laws require courts to consider family violence when making parenting decisions. “Family violence” can include more than physical harm, such as:

• Threats, intimidation, or ongoing harassment
• Controlling behaviour (for example, isolation or control of money)
• Emotional, psychological, or sexual abuse
• Violence towards other family members, pets, or property

Courts may look at:

• How often the violence happened, and over what period
• Whether the child saw or heard the violence, or was used to threaten the other parent
• Whether the person causing harm has respected past court orders
• Any steps taken to address the behaviour (for example, programs or counselling)

Safety Planning Around Parenting Time

When parenting time goes ahead despite past violence, safety-related conditions can sometimes be considered, such as:

• Neutral exchange locations (for example, school or a third-party handover)
• Using a safe communication method or app instead of direct contact
• Limited topics for communication (only child-related matters)
• Clear start and end times for parenting time

Supervised Visitation and Other Arrangements

What Supervised Parenting Time Is

Supervised parenting time means someone else is present when the child spends time with a parent. This is usually to reduce risk and monitor interactions. Supervision can be:

• Through a formal visitation or access centre (where available)
• By a trained supervisor or community agency
• In some cases, by a trusted person approved in a court order or by agreement

When Supervision May Be Considered

Courts or professionals may look at supervised parenting time where there are concerns about:

• Past or ongoing family violence or threats
• Substance use that affects parenting
• Serious mental health concerns that impact child safety
• Abduction risk or refusal to return the child
• Lack of prior relationship with the child

The goal can be to protect safety while allowing some form of contact, if that is assessed as appropriate for the child.

Other Possible Parenting Time Limits

Depending on safety concerns and local law, parenting time arrangements might include:

• Shorter visits instead of overnights
• Daytime-only visits
• Virtual contact (video or phone) instead of in-person time
• Temporary pauses on parenting time while safety is assessed

Courts may change orders over time if risks increase or decrease, if laws allow, and if new information is provided.

If You Are Supporting a Survivor or Child

If you are a friend, family member, or service provider:

• Avoid pressuring the person to make quick decisions about custody or parenting time.
• Encourage them to seek local legal information, if it feels safe.
• Focus on listening and on any current safety needs of the child and caregiver.

Recommended Articles

• Staying Safer on Phones, Email, and Social Media
• Safety Planning in Ontario
• Checking a Partner’s Behaviour for Warning Signs
• Supporting Someone in an Unsafe Relationship
• Thinking About Leaving: Safety Considerations