Domestic Violence and Nebraska Family Court

How domestic violence may affect custody decisions in Nebraska.

How Domestic Violence Can Affect Parenting and Visits

How Concerns About Abuse or Violence Are Raised

Concerns about abuse, control, or safety in a family can come up in different ways during separation or a parenting case. The exact process can vary by province or territory, but some common paths include:

• In court documents – A person may describe safety concerns in an application for parenting time, decision-making responsibility, or contact with a child, or in a written response to the other person’s application.
• During mediation or family dispute resolution – A mediator or other professional may ask screening questions about safety, control, or past incidents, and may decide that mediation is not safe or needs special conditions.
• Through lawyers or advocates – A lawyer or legal clinic may raise patterns of controlling behaviour, threats, or past police involvement in letters, negotiations, or court materials.
• Through child protection services – If there are concerns about a child’s safety or exposure to violence, a child protection agency may become involved and raise those concerns in their own reports or court processes.
• From police reports or criminal charges – If there have been criminal charges, peace bonds, or no-contact conditions, these can bring the issue of safety into family court decisions.
• Through assessments or reports – In some cases, a professional may be asked to prepare a report about parenting and safety, which can include information about violence or abuse.

How “Best Interests of the Child” Is Considered

Across Canada, parenting and contact decisions are based on what is in the “best interests of the child.” Each province and territory has its own laws and wording, but many look at similar kinds of factors. In plain language, courts often consider:

• Safety first – Whether each parent or caregiver can keep the child physically and emotionally safe, including protection from exposure to violence, threats, or ongoing conflict.
• Child’s needs – The child’s age, health, personality, culture, language, and any special needs, and how each adult can meet those needs day to day.
• Stability and routine – Whether an arrangement will give the child a predictable routine, school stability, and consistent caregiving.
• Relationships – The child’s relationship with each parent, siblings, extended family, and other important people, and how changes might affect the child.
• History of care – Who has been looking after the child’s daily needs, such as meals, school, activities, medical appointments, and emotional support.
• Impact of violence or coercive control – Any patterns of physical, emotional, sexual, financial, or digital abuse, including how these patterns affect the child and the parenting relationship.
• Ability to support the child’s relationship with others – Whether each parent encourages safe, healthy contact between the child and the other parent or caregivers, when it is safe to do so.
• Child’s views and preferences – Depending on the child’s age and maturity, their wishes may be considered, usually through safe, structured processes rather than direct questioning in court.
• Legal orders and conditions – Existing criminal, family, or child protection orders, and whether they limit contact or communication.

Documents and Information That May Matter

Different documents can be relevant when safety and parenting are being discussed. Not every document will be needed in every situation, and it is usually safest to get legal information before sharing sensitive records.

• Court documents
  • Past or current family court orders or agreements about parenting, contact, or support
  • Any criminal court orders, such as bail conditions, probation conditions, or peace bonds
  • Any child protection court orders or agreements
• Police and incident records
  • Police occurrence numbers or reports, if any exist
  • Records of wellness checks or calls for assistance
• Medical and health-related records
  • Doctor, clinic, or hospital visit summaries related to injuries or stress
  • Mental health support notes or letters, when you feel safe and comfortable sharing them
• Communication records
  • Texts, emails, or messages that show patterns of threats, stalking, or control
  • Call logs or screenshots that show repeated unwanted contact
• School and childcare records
  • Notes from teachers or counsellors about changes in the child’s behaviour or attendance
  • Records of who usually attends school meetings or picks up the child
• Reports from professionals
  • Parenting assessments or custody and access reports, where these are used
  • Letters from support workers, settlement workers, or community agencies (if you consent)

Supervised Visitation and Contact Options

When there are safety concerns, courts or agreements sometimes set up supervised time between a child and a parent or other person. The goal is to allow contact while reducing risk to the child and to the other caregiver.

Common Types of Supervised Contact

• Supervised access centres – Visits or exchanges take place at a centre where trained staff supervise and document the time, and manage drop-off and pick-up so adults do not have to interact directly.
• Third-party supervision – A trusted person, such as a relative, community member, or other approved adult, supervises visits in a home or public place, following any conditions in the order.
• Virtual supervised contact – Video or phone calls with a child that are supervised or monitored by another adult, when in-person contact is not safe or practical.
• Supervised exchanges – The supervision is focused on the transfer of the child between adults, not the whole visit, to lower conflict at pick-up and drop-off.

Possible Conditions Around Supervised Time

Orders or agreements involving supervision can include conditions such as:

• Rules about where visits can happen (for example, only at a specific centre or location)
• Limits on times and length of visits
• Requirements that the supervising person be neutral and follow certain guidelines
• Prohibitions on discussing court matters or adult conflicts with the child
• Requirements about sobriety, medication, or specific safety-related steps before visits

Finding Further Information and Support

For many people, it can feel difficult to raise safety concerns while also trying to support a child’s relationship with family. Information and support from trusted services can make planning safer. Additional support options across Canada can be found through resources listed at DV.Support.

Recommended Articles

• Staying Safer With Phones, Email, and Social Media
• Safety Planning in Ontario
• Recognizing Emotional and Psychological Abuse
• Supporting Children and Youth Who Experience Violence at Home
• Thinking About Leaving: Safety Considerations