Domestic Violence and New York Family Court

How NY Family Court may consider domestic violence in custody and visitation cases.

Child Custody, Safety, and Domestic Violence in Canada

1. Custody Basics in Canada

In Canada, parenting arrangements focus on what is best for the child, not on who is the “better” parent. Different words are used depending on the law in your province or territory, and in federal family law. Common terms include:

• Decision-making responsibility / custody – who makes major decisions about the child (for example, health care, school, religion).
• Parenting time / access – when the child is with each parent, including overnights, holidays, and visits.
• Contact – time a child may spend with other important people, such as grandparents, in some situations.

Courts and family professionals generally look at the “best interests of the child.” Each province and territory has its own laws that describe what this means, but common factors include:

• the child’s physical, emotional, and psychological safety
• the child’s needs, age, and stage of development
• the child’s relationship with each parent and other important people
• any history of family violence or controlling behaviour
• each parent’s ability to care for the child safely

2. Raising Domestic Violence Concerns

Domestic or family violence is an important factor in parenting decisions. It can include physical harm, threats, intimidation, financial control, isolation, and other patterns of power and control. Courts may consider how this affects the safety and wellbeing of the child and the non-abusive parent.

If you decide to raise safety concerns in a family court or mediation setting, it may help to:

• focus on the impact on the child’s safety, stability, and daily life
• describe patterns of behaviour rather than isolated incidents
• mention any existing orders, police reports, or agency involvement, if it is safe to do so
• identify practical safety worries around exchanges, communication, and parenting time

Additional support options across Canada, including services that understand family violence and custody, can be found through resources listed at DV.Support.

3. Child Safety Factors Courts May Consider

When there has been relationship harm, decision-makers may look closely at how to keep the child as safe and stable as possible. Factors may include:

• whether the child has seen or heard violence, threats, or police involvement
• the child’s emotional reactions (for example, intense fear, nightmares, or withdrawal), as reported by safe adults or professionals
• any risk of ongoing harm, harassment, or intimidation toward the child or the other parent
• substance use, mental health concerns, or criminal activity that may affect safe caregiving
• past failure to follow court orders, safety plans, or child protection requirements
• whether one parent is undermining the child’s relationship with the other in harmful ways

Decision-makers may also consider how violence affects the non-abusive parent’s ability to care for the child, including:

• fear of the other parent that affects handovers or communication
• ongoing stalking, surveillance, or digital harassment
• financial control that limits access to housing, food, or transportation for the child

4. When Supervised Visitation May Be Considered

In some situations, a court or agreement may provide for supervised parenting time (also called supervised access or supervised visits). This means parenting time occurs in the presence of another adult or at a supervised access centre.

Supervised visitation may be considered when there are concerns about:

• the child’s immediate physical safety
• serious or repeated threats, intimidation, or abduction risk
• substance use that could impair safe caregiving
• a history of severe or ongoing family violence
• violations of previous parenting or protection orders
• a long period without contact, where the child and parent need time to rebuild trust safely

Supervision can take different forms, for example:

• visits at a supervised centre, often with staff present
• visits supervised by a trusted third party agreed to by the court or both parents
• exchanges at a neutral, supervised location, even if the visit itself is not supervised

Balancing Safety and Contact

Canadian family law generally encourages children to have meaningful relationships with both parents when it is safe. When there has been domestic or family violence, safety and stability usually become the priority. Parenting arrangements can be shaped in many ways, such as:

• adjusting schedules to reduce conflict and unsafe contact
• using third-party or written communication tools instead of direct calls
• picking up and dropping off the child in safe, public, or supervised places
• limiting or supervising parenting time while risks are assessed or addressed

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