Domestic Violence and New Brunswick Family Court
How NB family courts may consider domestic violence in custody and parenting matters.
Parenting Time, Custody, and Safety Concerns in Canada
Parenting and Custody Basics
In Canada, the law focuses on what is in the “best interests of the child.” Terms and processes can differ by province or territory, but some basics are similar across Canada.
- Decision-making responsibility / custody: Who has the legal authority to make major decisions about the child’s health, education, culture, and religion.
- Parenting time / access: When and how a child spends time with each parent, including overnights, holidays, and regular weekly time.
- Contact: In some cases, time spent with a person who is important to the child but is not a parent, such as a grandparent.
- Parenting plan: A written plan that sets out schedules and how decisions will be made. This can be made by agreement or ordered by a court.
The law generally assumes it is positive for a child to have a safe relationship with each parent, unless there are safety concerns such as violence, coercive control, or other serious risks.
Names for “custody” and “access” have changed in many parts of Canada to “decision-making responsibility” and “parenting time,” but people and documents may still use older terms.
When Family Violence Concerns Should Be Raised
Concerns about family or relationship violence can be important to raise whenever parenting or custody is being discussed or decided. This can include:
- Informal discussions about separation or parenting arrangements
- Negotiations through mediators, lawyers, or community supports
- Child protection or child welfare involvement
- Any court application about parenting time, custody, or contact
Violence does not need to be physical to matter. Courts and professionals may consider:
- Physical harm or threats
- Sexual harm or pressure
- Emotional or psychological abuse
- Financial control or restriction
- Coercive control, monitoring, or isolation
- Threats of self-harm or harm to pets, property, or extended family
Talking about violence can sometimes increase conflict. If it feels unsafe to raise concerns directly with the other parent, it may be safer to share them with a trusted professional, support worker, or through documents rather than face to face.
Evidence the Court May Look At
Courts look at the overall pattern of behaviour and the impact on the child and the non-abusive parent. Evidence can take many forms, and it is common not to have all of these.
- Messages and recordings: Texts, emails, social media messages, call logs, voicemail, or other written communications that show threats, harassment, or controlling behaviour.
- Police and protection records: Police reports, occurrence reports, conditions such as undertakings, peace bonds, or protection/restraining orders.
- Medical or health records: Clinic or hospital notes about injuries, stress, anxiety, or other impacts related to the relationship.
- Child protection records: Letters or reports from child and family services (or similar agencies) showing safety concerns or previous involvement.
- School or daycare information: Notes about behaviour changes, attendance issues, or safety-related concerns the child expressed.
- Witness accounts: Statements, letters, or possible testimony from neighbours, friends, family, or others who observed behaviour or its impact.
- Personal records: Journals, timelines, photos of damage to property, or other documentation that helps show a pattern of behaviour.
Evidence rules and what judges can consider vary by province and by court. If you are unsure what to gather, a legal clinic or duty counsel in your area may explain options without giving ongoing representation.
When Supervised Parenting Time May Be Considered
Supervised parenting time means a third person or an agency is present when a child spends time with a parent. It is usually considered when there are safety concerns but some contact is still seen as possible.
Courts might consider supervised time when there are allegations or findings of:
- Recent or ongoing physical or sexual violence
- Serious threats or intimidation
- Abduction risk or threats not to return the child
- Substance use that may affect parenting
- Untreated serious mental health issues that create safety risks
- Previous breaches of court orders, including no-contact or protection orders
- Children being used to monitor, question, or control the other parent
Supervision can be:
- Agency-based: A community program or supervised access centre where staff oversee visits.
- Third-party: A trusted person such as a relative or friend agreed to by both sides or ordered by the court.
- Virtual: Video or phone contact monitored by another adult or service, depending on local options.
Supervised parenting can be short-term, long-term, or transitional, depending on the level of risk and how things change over time.
Availability of supervised access centres and the way they operate is different in each province and territory. Local family justice services or community agencies can explain what exists in your area.
For many people, a mix of local supports is helpful. Some national and regional services listed at DV.Support describe additional safety and information options across Canada.