Domestic Violence and Montana Family Court
How Montana family courts may consider domestic violence during custody decisions.
Child Custody, Parenting Time, and Family Violence Concerns in Canada
1. Custody and Parenting Time Basics
In Canada, different laws may use different words, but the ideas are similar across provinces and territories. The information below is general and not legal advice.
Decision-making responsibility / custody
This usually refers to who can make important decisions about a child’s life, such as:
- education
- health care
- religion or cultural upbringing
- where the child lives
Courts may order:
- Sole decision-making (sole custody): One person has legal authority for major decisions.
- Joint decision-making (joint custody): Two or more people share this responsibility.
- Split or parallel arrangements: Decision-making is divided by topic or by child.
Parenting time / access / contact
This is about who the child spends time with and when. Courts focus on what is in the child’s “best interests,” which can include:
- the child’s safety and wellbeing
- the child’s relationship with each caregiver
- the history of caregiving
- any family violence, including patterns of control or fear
Parenting time can be:
- Primary residence: The child lives mostly with one person and visits the other.
- Shared or split time: The child spends significant time with each person, such as close to 50–50.
- Supervised time: Visits are monitored by a trusted person or an agency when safety is a concern.
2. Raising Family Violence Concerns in Parenting Matters
Family violence, including psychological, financial, and coercive control, can be relevant to custody and parenting time decisions. Courts across Canada are required to consider family violence when deciding what is safest and most suitable for the child.
Where concerns can be raised
- In applications for custody, decision-making, parenting time, or contact
- In affidavits or written statements filed with the court
- During case conferences, settlement discussions, or mediation (if safe)
- When responding to an application started by the other party
Types of information that may be relevant
Without going into detail that feels unsafe or overwhelming, people sometimes share:
- any existing protection or restraining orders
- police reports or charges (if any)
- child protection involvement, if it exists
- medical or counselling records, if they choose to share them
- messages, emails, or other communication that show patterns of threats or control
When it feels unsafe to speak openly
It may feel risky to talk about family violence when the other party is present. Options can sometimes include:
- asking to speak to the court privately (for example, through a lawyer or duty counsel)
- requesting to appear by phone or video, if that reduces risk
- sharing information with a support worker who can help with safety planning around court
Additional support options across Canada can be found through resources listed at https://www.dv.support.
3. Child Safety Considerations in Parenting Arrangements
When family violence is present or suspected, child safety often becomes the main concern in any parenting plan or court order.
Safety factors courts may look at
- whether the child has seen or heard violence at home
- whether anyone in the home has used threats, intimidation, or controlling behaviour
- the child’s emotional and physical needs
- any risk of abduction or refusal to return the child
- substance use concerns or untreated mental health issues that affect caregiving
Possible safety-focused conditions in parenting orders
Depending on the situation and the law in the province or territory, orders may include conditions such as:
- supervised exchanges (for example, pick-ups and drop-offs at a neutral place)
- third-party exchanges (a trusted person handles pick-ups and drop-offs)
- limits on overnight visits for a period of time
- requirements that communication be in writing only, using neutral language
- restrictions on substance use before or during parenting time
Planning around exchanges and communication
To reduce tension and risk around parenting exchanges, some people consider:
- using neutral public locations for pick-up and drop-off, if safe to do so
- asking another trusted adult to accompany them
- keeping communication short, factual, and focused on the child
- using parenting apps or email instead of in‑person conversations
4. How Protection Orders and Parenting Orders Interact
Protection orders (often called peace bonds, restraining orders, or emergency protection orders, depending on the region) are separate from parenting or custody orders, but they can affect how parenting time happens.
What protection orders usually do
While details vary by province and territory, protection orders may:
- limit or prohibit contact with a person
- set rules about distance from a home, workplace, or school
- prohibit communication except in limited ways (for example, only in writing about the child)
These conditions can make typical parenting exchanges difficult or unsafe without clear instructions from a court.
When a protection order and parenting order conflict
Sometimes the conditions in a protection order appear to conflict with parenting arrangements. For example:
- a protection order says no contact, but a parenting order requires in‑person exchanges
- a protection order restricts being near a home where the child lives
In these situations:
- Courts may adjust either the parenting order or the protection order so they match.
- Supervised exchanges or third‑party exchanges may be used to follow both orders safely.
- People often need clarification from a lawyer, duty counsel, or legal clinic about how to comply with both orders.
Parenting communication under a protection order
Some protection orders allow limited contact for parenting matters. This might mean:
- contact only through a lawyer or mediator
- contact only in writing (text, email, or a parenting app)
- contact only for emergencies involving the child
Keeping communication brief and factual can reduce conflict and make it easier to show that orders were followed.
5. Considering Safety and Next Steps
Every family situation is different, and laws are applied case by case. When family violence is part of the picture, possible next steps may include:
- speaking with a family duty counsel lawyer at court, if available
- contacting a community legal clinic or legal aid office to ask about options
- reaching out to a local shelter or family violence service for safety planning support
- keeping records of incidents or communications that relate to the child’s safety