Domestic Violence and Family Court in Newfoundland and Labrador
How domestic violence may influence custody and parenting decisions in NL.
Parenting, Custody, and Safety Concerns About Abuse
Parenting and Custody Basics
In Canada, family courts focus on what is safest and most supportive for the child. Laws and terms can differ by province or territory, but courts generally look at:
- the child’s physical safety
- the child’s emotional well-being and stability
- the child’s relationships with each parent and other important people
- any history or risk of family or relationship violence
- each parent’s ability to meet the child’s daily needs
Common terms you may hear include:
- Decision-making responsibility / custody – who makes major decisions about the child’s health, education, and religion (names can differ by province or territory).
- Parenting time / access – when the child is physically with each parent.
- Contact – time a child spends with a non-parent, such as a grandparent, if ordered by a court.
Family law terms and processes are not the same in every province or territory. Local legal information, duty counsel, or community legal clinics can explain how terms apply where you live.
Raising Concerns About Abuse or Violence
If there is or has been abuse in the relationship or in the home, it can be relevant to parenting and custody decisions. Abuse can be physical, emotional, sexual, financial, digital, or controlling behaviour.
When raising safety concerns in a family case, a person may:
- describe safety worries clearly and in simple, factual language
- focus on how the behaviour affects the child’s safety and well-being
- explain any steps taken to protect the child (for example, changes in routines or living arrangements)
- share any existing court orders or agreements from criminal, immigration, or family courts
Courts generally look for patterns, impact on the child, and current risk, not only past single incidents. Concerns about threats, stalking, digital monitoring, or ignoring previous court orders may also be considered.
It can be unsafe to tell the other parent in advance that you plan to raise abuse concerns. Planning how and where you share information, and who knows about it, may help lower risk.
Some people find it helpful to get information or support from a family duty counsel lawyer, a community legal clinic, or a family violence support worker before filing documents. Additional support options across Canada can be found through information and referrals listed at https://www.dv.support.
Evidence the Court May Review
Courts usually rely on documents and information that can be checked or confirmed. Not everyone will have the same types of evidence. A court may look at, for example:
- Sworn statements (affidavits) describing what happened, in your own words, and how it affects the child
- Police reports or criminal court documents, if police have been involved
- Child protection or social worker records, if a child welfare agency has been involved
- Medical or clinic notes related to injuries or stress, where available
- Previous court orders (family, criminal, or immigration) and whether they were followed
- Messages and communications, such as texts, emails, or social media posts that show threats, controlling behaviour, or refusal to follow agreements
- School or daycare information, such as notes about behaviour changes or attendance issues
- Witness statements from people who have directly seen or heard relevant behaviour
Collecting or saving evidence can increase risk if the other person has access to your phone, email, or home. Consider safe storage options, such as a trusted person, secure cloud storage, or a device the other person cannot reach. For more ideas, see digital safety resources like Digital Safety and Technology if that is safe for you to view.
When Supervised Parenting May Be Considered
Supervised parenting (or supervised access/parenting time) is when another adult or a supervised access centre is present during time between a parent and a child. It is usually considered a protective measure, not a punishment, and may be:
- temporarily ordered while the court gathers more information
- used when there are safety concerns but the court wants to maintain some contact between the child and the parent
Circumstances where supervised parenting may be considered can include, for example:
- serious concerns about family or relationship violence, threats, or stalking
- fear that the child may be taken or not returned after a visit
- concerns about substance use or impairment while caring for the child
- concerns about following safety-related court orders
- the child feeling unsafe or very anxious about unsupervised time
Supervision can happen in different ways, such as:
- a supervised access centre, where staff monitor visits and record what happens
- a neutral, trusted adult who understands the supervision rules and is approved by the court
- virtual or video-based contact, in some situations, if ordered by a court
Availability of supervised access centres, fees, and wait times vary widely across provinces and territories. Local legal clinics or family courts can share what options exist in your area.