Domestic Violence and New Mexico Family Court
How domestic violence concerns may influence custody decisions in New Mexico.
Parenting Time, Safety, and Family Violence Concerns
1. Custody and Parenting Time Basics
Across Canada, courts use different words, but the focus is usually on:
- Decision-making responsibility / custody – who makes important decisions about the child’s health, education, culture, and activities.
- Parenting time / access – when and how the child spends time with each parent.
In most Canadian laws, decisions are based on the best interests of the child. This usually includes:
- the child’s safety and well-being
- the child’s relationship with each parent and close family
- any history of family violence or controlling behaviour
- the child’s views and wishes, depending on age and maturity
Terminology and processes can vary between provinces and territories. Local legal information resources or duty counsel can explain how the law is described where you live.
2. Child Safety Considerations
When family violence or coercive control is present, safety planning often needs to include the child’s time with each parent. Factors that may affect parenting arrangements can include:
- whether the child has directly experienced or witnessed violence, threats, or severe conflict
- whether one parent tries to control, monitor, or punish the other through the child
- substance use, mental health issues, or other concerns that may affect safe caregiving
- history of ignoring safety plans, court orders, or child protection involvement
- risks during transitions and exchanges (for example, at pick-up and drop-off)
Sometimes, safety for the child and the non-abusive parent may be improved by:
- limiting in-person contact between the adults at exchanges
- using neutral or public locations for pick-up and drop-off
- clear written schedules and communication boundaries
- having another safe adult assist with transitions, where appropriate
If you are concerned about immediate danger to a child, consider contacting local emergency services if it feels safe to do so. For ongoing concerns, local child protection agencies can explain how they respond in your area.
3. Raising Family Violence Concerns in Parenting Matters
When family violence is part of the history, it can be important for decision-makers to know about it, because it may affect what is safest for the child. Ways concerns sometimes show up in a parenting process can include:
- describing patterns of behaviour that affect the child’s safety and emotional well-being
- sharing records that may exist, such as texts, emails, police reports, or medical notes
- explaining how the situation affects your ability to communicate or co-parent safely
- mentioning any safety plans or protective conditions already in place
Options for raising concerns may depend on where you live and what process you are using (court, mediation, collaborative process, or another approach). In some places, there are special forms or screening questions about family violence.
For legal information or advice specific to your situation, it is usually safest to speak with a lawyer or a legal clinic. Many provinces offer limited free legal information services, duty counsel, or family law information centres.
Additional support options across Canada can be found through resources listed at DV.Support.
4. When Supervised Parenting Time May Be Considered
Supervised parenting time means a child spends time with a parent while another responsible person or service is present. Supervision is usually considered a short-term or safety-focused measure, not a routine arrangement forever.
Situations where supervision may be requested or considered can include:
- serious concerns about a child’s physical or emotional safety
- a history of threats, abductions, or not returning the child on time
- recent or ongoing substance use that affects safe caregiving
- significant mental health concerns that are not yet stabilized or treated
- a long break in contact between the parent and child, where gradual re-introduction feels safer
Supervision might be provided by:
- a professional supervision centre (where available)
- a community program that offers monitored exchanges or visits
- a trusted adult agreed to by both sides or directed by a court
Availability of supervised access centres and how they operate differs widely across Canada. Some areas have wait lists or limited hours. Local family law information services or community agencies can explain what exists in your region.
5. Balancing Safety and Contact
Canadian laws generally try to support a child’s safe relationship with each parent, while recognizing that safety comes first. When family violence is involved, this can lead to:
- more detailed parenting plans
- limits on communication methods between parents
- conditions on substance use, treatment, or counselling participation
- temporary or longer-term supervision of parenting time
If you feel pressured into an arrangement that does not feel safe, it may help to:
- write down your specific safety worries and how they affect the child
- ask questions about how risks will be managed in any proposed plan
- reach out to a legal information service, legal clinic, or lawyer for guidance
- connect with a local family violence support agency for non-legal safety planning
Every family situation is different. Courts and professionals cannot guarantee safety, but sharing clear, concrete safety concerns can help them better understand the risks when making or recommending parenting arrangements.