Domestic Violence in Michigan Family Court
How domestic violence concerns may affect custody proceedings in Michigan.
Child Custody, Parenting Time, and Safety Concerns About Abuse
How Custody and Parenting Time Decisions Are Usually Approached
Court decisions about children in Canada are based on what is considered to be in the “best interests of the child.” The words and processes can differ between provinces and territories, and between the Divorce Act (federal) and local laws, but the core focus is the child’s safety and well-being.
Some key ideas that often come up:
- Decision-making responsibility / parental responsibilities: Who makes major decisions about the child’s health care, education, religion, and other important issues.
- Parenting time / contact: When and how the child spends time with each parent or caregiver.
- Contact orders for non-parents: Sometimes other people, like grandparents, may ask for time with a child.
Arrangements can be shared, mostly with one parent, or in some situations limited or supervised. Courts may change orders if safety, needs, or circumstances shift over time.
Names for custody and access vary across Canada. Many laws now use terms like “decision-making responsibility” and “parenting time” instead of “custody” and “access.” The ideas are similar, but the wording may differ by province or territory.
Raising Concerns About Domestic or Family Violence
If there has been relationship, family, or domestic abuse, that information can be important when parenting arrangements are being considered. Courts usually want to understand whether there are any safety risks to the child or to a caregiver.
Some ways abuse concerns may come before a court include:
- Information included in court documents or affidavits.
- Police reports, peace bonds, or protection order applications.
- Reports from child protection agencies (where involved).
- Safety concerns described during a hearing or conference.
When safety has been an issue, courts may look at whether any abuse is ongoing, whether the child has witnessed it, and how it has affected the child’s day-to-day life.
It can be helpful to speak with a legal clinic, duty counsel, or an advocate about how to share safety concerns in a way that reduces risk. These services are separate from this site and may have different rules and availability in each province and territory.
Best-Interest Themes Related to Child Safety
While each case is different, Canadian laws commonly ask courts to consider certain themes about a child’s safety and well-being. These can include:
- Physical safety: Risk of physical harm or exposure to threats, intimidation, or dangerous situations.
- Emotional and psychological safety: Effects of tension, fear, or controlling behaviour on the child.
- Exposure to abuse: Whether a child has seen, heard, or been aware of abuse between adults in the home.
- Stability and routine: The child’s need for predictable routines, housing, schooling, and caregiving.
- Strength and nature of relationships: The child’s connection with each parent, siblings, and important caregivers, and whether those relationships feel safe.
- Child’s views and preferences: Depending on age and maturity, the child’s perspective can sometimes be considered, often through a professional or report rather than directly.
- History of caregiving: Who has been providing most day-to-day care, and what has been working or not working for the child.
- Impact of any family violence: How any abuse affects patterns of control, a child’s sense of security, and each caregiver’s ability to safely meet the child’s needs.
Types of Evidence Commonly Reviewed
Courts may look at different types of information to understand what parenting plan may be safest and most suitable. The specific documents available will vary by situation and region. Common materials can include:
- Party statements: Written statements or affidavits from each parent or caregiver describing events and safety concerns.
- Police or incident reports: Where police have been called, any existing records may be relevant.
- Protection orders or peace bonds: Copies of current or past orders that limit contact or require certain conditions.
- Child protection records: Reports or letters from child welfare or child protection agencies, if they have been involved.
- Medical or school notes: Where appropriate, records showing changes in a child’s behaviour, injuries, or emotional state.
- Text messages, emails, call logs: Communications that may show patterns of threats, harassment, or controlling behaviour.
- Witness statements: Information from neighbours, family members, or others who have observed interactions that affect the child.
- Assessments or reports: In some cases, parenting assessments, voice-of-the-child reports, or other professional evaluations may be requested.
Not everyone will have all of these types of evidence. Courts usually consider the overall pattern, not just one document. It may be unsafe to try to collect evidence if it could be discovered by an abusive person.
Supervised Parenting Time and Other Safety-Focused Options
When there are concerns about safety, but some contact with a parent is still being considered, courts may look at supervision or other conditions. Options can differ between regions and may depend on local programs and resources.
Examples of approaches that may be discussed include:
- Supervised parenting time: Visits in the presence of a neutral third party, such as a supervised access centre or a trusted person approved by the court.
- Supervised exchanges: A neutral place where the child is transferred from one caregiver to another so parents do not have direct contact.
- Limits on communication: Conditions about how parents communicate (for example, in writing only) to reduce conflict or harassment.
- Conditions on substance use: Requirements related to alcohol or drug use during parenting time, where relevant.
- Gradual changes to parenting time: Increasing or decreasing time step-by-step based on safety and how the child is coping.
- Restrictions in higher-risk situations: In some cases, parenting time may be very limited, paused, or closely structured if serious safety risks are identified.
Supervision arrangements can look very different from one community to another. Availability, cost, and rules for supervised access or exchange programs vary across Canada.
Safety and Support While Navigating Parenting Issues
Balancing safety concerns with parenting arrangements can be stressful and complex. Some people find it helpful to connect with family law information centres, legal clinics, community advocates, or newcomer services to better understand local processes and options.
Additional support options across Canada, including some that may help you locate local services, can be found through resources listed at DV.Support.