Domestic Violence and Missouri Family Court
How Missouri family courts may factor in domestic violence when considering custody.
Parenting, Custody, and Safety Concerns in Canada
Custody, Parenting Time, and Divorce: Basic Ideas
Across Canada, family courts now often use the terms “decision-making responsibility” and “parenting time” instead of “custody” and “access.” Older documents may still use the older terms.
- Decision-making responsibility (custody): Who can make important decisions about a child’s health care, education, culture, religion, and major life issues.
- Parenting time (access): When and how a child spends time with each parent, including overnights, holidays, and routines.
- Divorce: The legal end of a marriage. Parenting arrangements for children can be made during separation and divorce. Unmarried parents can still have parenting orders without a divorce.
Terms and processes vary by province or territory. Local legal clinics, duty counsel, or family justice services can explain how it works where you live.
Bringing Family Violence Concerns into Parenting Discussions
Family violence (also called domestic or relationship violence) is relevant to parenting, even if children were not physically harmed. Courts and professionals usually need clear information to understand safety concerns.
Ways information about violence may be shared
- Speaking with your own lawyer or legal clinic, if you have one.
- Describing safety concerns in documents filed with the court, such as affidavits or forms that ask about family violence.
- Talking with family justice services, mediators, or parenting coordinators, if it feels safe and appropriate to do so.
- Letting child protection workers know about concerns, if they are involved.
- Sharing relevant documents, such as peace bonds, protection orders, or police reports, if available.
Not everyone has documents like police reports or protection orders. A lack of formal reports does not mean the concerns are not real. It is still possible to explain what has been happening in plain language.
Safety when raising concerns
- Consider whether it is safer to share details through a written statement rather than in front of the other party.
- Ask duty counsel, a legal clinic, or a family law information centre if there are options to share information in a safer way (for example, separate waiting areas or separate mediation rooms).
- Plan how you will get to and from any court or mediation appointments safely.
Some people find it helpful to review national-level resources and referral options, such as those listed at https://www.dv.support, to learn about additional support agencies across Canada.
How “Best Interests of the Child” Are Considered
Canadian family law focuses on what is in the “best interests of the child.” The exact wording of the law is different in each province or territory, but many of the considerations are similar.
Common “best interest” factors
- The child’s physical, emotional, cultural, and mental well-being.
- The child’s safety, including exposure to family violence.
- The strength and nature of the child’s relationship with each parent, siblings, and important caregivers.
- The child’s needs, including health, education, language, and any disabilities.
- The history of care: who has mainly looked after the child’s daily needs.
- Each parent’s ability and willingness to meet the child’s needs.
- In many places, the child’s views and preferences, depending on age and maturity.
Exposure to family violence is usually taken seriously in best-interest assessments, even if the child was not directly targeted. Laws and practices differ by region, so outcomes can vary.
Family violence within best-interest assessments
- Courts may look at patterns of control, threats, intimidation, or isolation, not just physical harm.
- They may consider whether violence is ongoing or has stopped, and whether the person has taken steps to address their behaviour.
- They can look at how the conflict affects the child’s sense of safety and stability.
- They may consider the risk of future harm when deciding on parenting time and decision-making.
Supervised and Other Structured Parenting Possibilities
When there are safety concerns, there are different ways parenting time can be structured. Availability of specific programs varies by province or territory.
Supervised parenting time
Supervision means another adult is present during visits with the child.
- Professional supervision: Visits take place at a supervised access centre or through a supervised parenting service, usually with trained staff and written rules.
- Third-party supervision: A trusted adult, such as a relative or community member, is present during visits, if the court or agreement allows it.
Supervised options can reduce some risks but may not remove them entirely. If supervision is being considered, it can help to think through transportation, handover locations, and communication methods in advance.
Other structured options
- Exchanges in a public or neutral place, such as a supervised exchange centre, school, or another safe location.
- Time-limited or gradually changing schedules, where parenting time may increase or decrease based on safety and the child’s needs.
- Conditions on communication, such as using email, apps, or third-party communication to reduce direct contact.
- No-contact between adults during exchanges, using a third person or staggered arrival times if available.
Documenting safety concerns around parenting time
- Keep brief, factual notes about incidents related to parenting time and exchanges (dates, times, what happened).
- Save relevant messages or emails if it is safe to do so.
- Share information with your legal support or duty counsel when you can.
If parenting arrangements feel unsafe, local services such as legal clinics, family law information centres, or victim services may be able to explain options in your area. They cannot guarantee outcomes but can provide information.