Domestic Violence and Minnesota Family Court
How Minnesota courts may weigh domestic violence in custody and parenting time.
Parenting Time, Safety, and Family Court
Parenting Time and Custody Basics
In Canada, family law uses terms like “decision-making responsibility” and “parenting time” more often than “custody” and “access.” The exact words and rules can vary by province or territory, and by whether a case is in a provincial court or a superior court.
In general:
- Decision-making responsibility is about who makes important decisions for a child (for example health care, schooling, culture, and activities).
- Parenting time is about when a child is with each parent, including overnights, holidays, and regular schedules.
- Best interests of the child is the main test courts use. Safety, stability, and the child’s needs are weighed more heavily than what adults want.
- Agreements and orders can be made between the parents, through lawyers or mediators, or by a judge if there is no agreement.
Family law terms and processes differ across provinces and territories. Local legal help or a family law information centre can explain the options in your region.
Raising Domestic Violence Concerns in Parenting Issues
Harm in a relationship can affect how safe parenting time is for both the child and the non-abusive parent. Courts in Canada generally must consider any family violence when deciding parenting arrangements, especially if it affects safety or a child’s well-being.
When raising domestic violence concerns in a parenting case, people commonly:
- Describe the pattern of behaviour, not just single incidents (for example, controlling behaviour, threats, or ongoing intimidation).
- Explain how the behaviour affects the child (fear, sleep changes, school problems, anxiety when transitions happen, or worries about one parent’s safety).
- Note any limits on communication or contact that are already in place (for example, a protection order, supervised exchange arrangements, or third-party drop-offs).
- Share information about any police involvement, child protection involvement, or previous family court orders, if it is safe to do so.
How and when to share information about violence can affect safety. If you have access to legal information or advocacy support, they may help you plan a safer way to present this information to the court.
Child-Safety Considerations in Parenting Time
Safety planning around parenting time can look different for each family. Courts may consider different options when there are concerns about violence or control.
Some common child-safety considerations include:
- Safe exchanges: Using public locations, school pick-ups, or a trusted third party for drop-offs to reduce direct contact between adults.
- Supervised parenting time: Having visits in a supervised centre or with a safe, neutral person when there are concerns about substance use, threats, or past harm.
- Limits on communication: Using written or app-based communication about the child to reduce conflict, where appropriate and available.
- Emergency planning: Making age-appropriate plans with older children about who they can call and where they can go in an emergency, without placing responsibility on the child for adult safety.
- Routines and stability: Keeping a consistent schedule, bedtime, and school routine, as much as possible, to help the child feel more secure.
Children do not need to know every detail about adult conflict or abuse. Simple, reassuring explanations that focus on their safety and that the situation is not their fault are often safer.
How Domestic Violence Can Affect Parenting Decisions
When there is a history of domestic violence, courts may look at:
- Whether the abusive behaviour is ongoing or has stopped.
- Whether the abusive person accepts responsibility or minimizes what happened.
- Whether they follow existing court orders or safety conditions.
- Any impact on the child’s physical safety, emotional health, schooling, or daily functioning.
- Any risk that a parent may use parenting time to continue control or harassment.
In some cases, violence may lead a court to:
- Limit or structure parenting time.
- Require supervised visits, at least for a period of time.
- Assign decision-making responsibility mainly to one parent, especially on safety-related issues.
- Set detailed rules about communication, travel, and decision-making.
Outcomes are highly individual. Courts look at the specific facts, local laws, and what is considered to be in the child’s best interests in that case.
Protection Orders, Evidence, and Parenting Cases
In Canada, there are different types of orders that can help with safety, commonly called protection orders, restraining orders, or peace bonds. Names and processes vary by province or territory.
If family or criminal courts have already made safety-related orders, those records may be considered in parenting disputes. Examples of potentially relevant documents can include:
- Orders that limit or prohibit contact (for example, “no contact” or “no-go” conditions).
- Orders about temporary possession of the home or surroundings.
- Police occurrence reports or confirmed charges, if available and safe to share.
- Child protection reports or letters, if they exist.
- Prior family court orders or written agreements about parenting time and safety.
Sometimes, information related to an order for protection (OFP) or similar order may be used to show:
- That safety concerns have been serious enough to involve police or the courts.
- Whether the abusive person followed or violated previous orders.
- Patterns of behaviour over time, not just isolated events.
What documents are accepted, how to get them, and how they are used depends on the rules of the court and the province or territory. A legal clinic, duty counsel, or local family law information service may explain options without acting as your lawyer.
Balancing Safety, Evidence, and Personal Information
Sharing information with the court can support safety, but can also feel exposing or risky. Some people consider:
- What information is necessary to show the impact on the child and on parenting.
- Whether sharing certain details could increase risk if the abusive person learns them.
- Using neutral, factual language (dates, actions, outcomes) instead of emotional labels.
- Keeping copies of key documents in a safe place, or digitally in a secure, backed-up account.
Additional information on family violence, including support options and referrals across Canada, can be found through resources listed at DV.Support.
If You Are Supporting a Parent or Child
If you are helping someone who is dealing with parenting time and violence concerns, it can help to:
- Believe their concerns without pressing for details.
- Respect their choices about how quickly to act or what to share with the court.
- Offer practical help, such as rides to appointments, childcare during court dates, or help organizing paperwork.
- Encourage them to seek local legal information, if they wish, rather than giving legal instructions yourself.
It can be safer to avoid directly confronting the abusive person about court or parenting issues. Focus on the safety and well-being of the parent and child you are supporting.