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Domestic Violence and North Carolina Family Court

How domestic violence may affect child custody decisions in NC.

North Carolinacustody

FAMILY COURT & PARENTING

Domestic Violence and Parenting Time in Canadian Courts

How “Best Interests of the Child” Work

Across Canada, family courts make parenting and contact decisions based on what is called “the best interests of the child.” The exact wording of the law is different in each province and territory, but the main idea is similar: decisions are meant to focus on the child’s safety, stability, and well‑being, not on what either adult wants most.

Common best‑interest factors can include:

the child’s physical safety and emotional safety
whether there has been any family violence or controlling behaviour
the child’s relationship with each parent or caregiver
the child’s age, needs, and routine (school, health, culture, community)
each parent’s ability to meet the child’s day‑to‑day needs
the impact of conflict or stress on the child
the child’s views and preferences, depending on age and maturity

In Canada, family violence is recognized as a serious best‑interest factor. Courts look not only at physical harm but also patterns of fear, control, isolation, and threats when these affect a child or a caregiving parent.

Raising Domestic Violence Concerns in a Parenting Case

Many people worry that bringing up domestic or family violence in court will not be believed, or that it will be seen as “conflict” between adults. It can still be important to calmly explain how the behaviour affects your safety and the child’s safety.

Ways concerns are often raised in a family case can include:

describing specific behaviours and their impact on you or the child (for example, fear, sleep problems, school difficulties), rather than using only labels
sharing any existing documentation, if safe to do so (such as prior court orders, police occurrence numbers, medical visit summaries, or text messages), without exaggeration or minimization
referring to past breaches of orders or patterns of ignoring boundaries
explaining how exchanges, calls, or unsupervised time have gone in the past
noting any safety planning steps already taken, such as using third‑party exchanges

If raising violence concerns could increase your risk, consider what details are necessary for the court to understand the safety issues, and which information might safely be shared through written materials rather than directly in front of the other person.

Additional support options and safety information across Canada can be found through resources listed at DV.Support.

Common Court Considerations When Violence Is Alleged

When domestic or family violence is mentioned, courts often look at:

the nature and seriousness of the behaviour (including threats or intimidation)
whether the behaviour is ongoing, escalating, or has reduced
how the child has been exposed (witnessing, hearing, or sensing fear or control)
any impact on the child’s health, schooling, or day‑to‑day functioning
the level of fear and control experienced by the caregiving parent
any steps taken by the person who used violence to address their behaviour (for example, voluntary programs, counselling, or education), recognizing that programs are not guarantees of safety
whether the person has followed past court orders, peace bonds, or agreements
the practicality and safety of proposed parenting schedules and exchange locations

Courts may balance the value of a child having contact with both parents against the risks posed by the violence. This can lead to different types of arrangements, including limits or safeguards on contact.

How courts interpret evidence can vary by judge and by province or territory. Documents, testimony, and local procedures can all affect the outcome.

Supervised Parenting Time and Other Safety Measures

When there are safety concerns, courts sometimes order parenting arrangements designed to reduce risk while still allowing some contact. These can include:

Supervised Parenting Time

Supervised time means another person or service is present during contact between the child and the other parent. Supervision is usually meant to:

reduce the risk of harm, abduction, or intimidation
limit the child’s exposure to arguments or controlling behaviour
help the court observe how visits are going over time

Common forms of supervision include:

Professional or agency supervision – visits take place at a visitation centre or agency, with staff monitoring and sometimes documenting concerns
Third‑party supervision – a trusted adult such as a relative or family friend supervises, if the court is satisfied that the person can stay neutral and prioritize the child’s safety
Supervised exchanges only – the actual visit may be unsupervised, but pick‑ups and drop‑offs occur through a third party or safe location so the adults avoid contact

Availability of supervised visitation centres and community programs can differ by region in Canada. Wait lists, fees, and rules vary by location and by service provider.

Other Possible Safety‑Focused Conditions

Instead of, or in addition to, supervised visits, courts may consider conditions such as:

parenting time at specific public or neutral locations
no in‑person exchanges between the adults (using a third person or school hand‑offs)
limits on overnight visits until safety risks are better understood
rules about communication methods (for example, using email or parenting apps instead of calls or in‑person conversations)
restrictions on substance use during and before visits
requirements to follow other protection orders that may already be in place

Supervised parenting time is usually not meant to be a long‑term solution, but it may continue while the court gathers more information or monitors risk. Changes to supervision often depend on updated evidence about safety and the child’s well‑being.

If you are concerned that a particular arrangement or exchange method could increase risk, it can be important to clearly explain why and suggest safer alternatives that still focus on the child’s needs.