Domestic Violence and North Dakota Family Court

How ND family courts may evaluate domestic violence in custody cases.

Child Custody and Safety Concerns in Canada

Custody Basics in Canada

In Canada, decisions about children are usually framed around “parenting time” and “decision-making responsibility,” though some laws and professionals still say “custody” and “access.” The exact terms can vary by province or territory and whether the case is under the Divorce Act (federal) or a provincial/territorial family law.

Key ideas are similar across Canada, even when the words are different:

• Decision-making responsibility / custody – who can make major decisions about the child’s health care, education, religion, and other big issues.
• Parenting time / access – when and how the child is with each parent in person, by phone, or online.
• Primary residence – where the child lives most of the time, if time is not shared more or less equally.
• Contact – time a child may spend with someone who is not a legal parent (for example, a grandparent), if a court order allows it.

Decisions can be reached by written agreement, with help from mediation or other services, or by a judge if parents or caregivers cannot agree. When family violence or coercive control is present, some people find it unsafe or stressful to negotiate directly, and may look for safer ways to communicate or get support.

Best-Interest Considerations

Across Canada, the main question in any parenting or custody decision is what is in the “best interests of the child.” A court does not focus on what is fair to the adults, but on what will most likely keep the child safest and healthiest.

Although each law lists its own factors, common considerations include:

• Safety and well-being – any history or risk of family violence, including emotional, psychological, financial, sexual, or physical harm, as well as patterns of control, threats, or intimidation.
• Impact of violence on the child – whether the child has seen, heard, or been aware of abuse, and how that may affect them.
• Parenting history – who has mainly provided day-to-day care (meals, school, health, routines) and how consistently this has been done.
• Ability to meet the child’s needs – emotional support, stability, culture, language, community connections, and any special needs.
• Child’s views and preferences – depending on age and maturity, a court may consider what the child wants, often through a professional or report rather than directly in open court.
• Willingness to support the child’s relationship with others – as long as it is safe, a court may look at whether each parent is likely to help the child have healthy relationships with other important people.
• History of cooperation or conflict – especially where one person uses legal processes, communication, or parenting time as a way to maintain control or cause stress.

Evidence Survivors May Present

When safety is a concern, sharing clear information about risks can help a court understand the situation. Evidence does not need to be perfect or complete. Different people will have access to different types of information.

Common Types of Evidence

• Protection or restraining orders – copies of any existing or past orders, including emergency orders, peace bonds, or no-contact orders, and information about whether they were followed.
• Police or incident reports – report numbers, officer names (if known), and any written summaries you may have received.
• Messages and communications – texts, emails, social media messages, voice mails, call logs, or letters showing threats, harassment, control, or refusal to follow parenting plans.
• Medical or health records – visit summaries from doctors, nurses, or clinics, where they relate to injuries, stress reactions, or children’s health connected to the situation.
• School or daycare notes – attendance records, behaviour notes, or communications about late pickups, arguments at the school, or safety concerns.
• Witness information – names of neighbours, relatives, friends, or workers (such as support workers) who have seen or heard concerning behaviour, or who know about the impact on you or the child.
• Journals or timelines – personal notes listing dates, times, and short descriptions of incidents, including how the child was affected or whether they were present.
• Records from agencies – any letters, assessments, or notes from child protection agencies, shelters, or other community services, if it is safe and appropriate to share them.

Presenting Evidence Safely

Courts often have rules about how evidence must be provided. In many places, this is done through written affidavits or statements and by attaching documents as exhibits. Court staff, duty counsel, or family law information centres can explain local rules and forms.

When describing events related to family violence in written materials, some people:

• Organize information by date in short, factual points.
• Use neutral language, focusing on what happened, what was said, and how the child was affected.
• Highlight breaches of existing orders or clear patterns of control or intimidation, not only extreme incidents.

How Protection Orders Interact with Custody and Parenting

Protection orders (sometimes called restraining orders, emergency intervention orders, peace bonds, or no-contact orders) can affect parenting and custody arrangements, but they do not always decide parenting issues on their own.

What Protection Orders Usually Address

• Contact between adults – many orders limit or ban direct contact, or allow only certain types of communication (such as text or email) and only about the child.
• Presence at certain places – orders may prevent one person from going to a home, workplace, or school.
• Weapons and substances – some orders include conditions about weapons or alcohol and drug use.

Some protection orders also include temporary conditions about contact with children. In many cases, though, long-term decisions about parenting time and decision-making still need to be made in family court or by written agreement.

Parenting Time When a Protection Order Exists

When there is both a protection order and a family court order or agreement, the relationship between them can be complex and may depend on the wording of each document and which court made the order.

Some possibilities include:

• Supervised parenting time – visits take place in the presence of a trusted third person or at a supervised access centre, if available in your area.
• Exchange arrangements – a third party, school, or other neutral location is used so that the adults do not have direct contact.
• Indirect communication – parenting information is shared through a lawyer, a monitored messaging service, or a designated person.
• Limits or pauses in parenting time – in some situations, a court may restrict or temporarily stop parenting time where there is a significant safety risk.

Updating Orders as Situations Change

Safety and children’s needs can change over time. Courts can sometimes:

• Change or renew a protection order.
• Update parenting orders to add safety-focused conditions (for example, supervised exchanges or clearer communication rules).
• Adjust parenting schedules if risks increase or decrease.

When asking a court to update an order, people often include new information such as breaches of existing orders, new incidents, or improvements that show a risk has changed. Community-based legal information services, duty counsel, or victim services can often explain what local options exist for changing or enforcing orders.

Additional support options across Canada can be found through resources listed at DV.Support, including services that may help with safety planning and navigating family courts.

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