legal

Domestic Violence and Family Court in the Northwest Territories

How domestic violence may affect custody and parenting decisions in the NWT.

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FAMILY LAW & PARENTING

Parenting, Custody, and Safety Concerns About Abuse

Parenting and Custody Basics

In Canada, family courts focus on what is in the “best interests of the child.” Safety and wellbeing are major parts of this. Different provinces and territories may use different terms, such as “decision-making responsibility,” “parental responsibilities,” or “custody and access.”

Parenting arrangements can cover:

Who makes major decisions about the child (health, education, religion, activities)
Where the child lives most of the time
How often the child sees each parent and in what format (in person, online, supervised, unsupervised)
How parents share information about the child

Courts usually try to support a child’s ongoing relationship with both parents, but safety takes priority when there is a history or risk of family violence.

In many parts of Canada, courts must consider family violence when deciding parenting arrangements, even if the child was not directly harmed. Local laws and processes can differ, so it can help to learn about your province or territory’s specific rules.

Raising Family Violence Concerns in Parenting Matters

If there has been abuse or controlling behaviour in the relationship, this can be important information for any parenting or custody process. How and when to share this information depends on your situation and your safety needs.

Common ways concerns might be raised in a parenting case include:

Explaining the history of abuse in court documents, affidavits, or forms (where required)
Sharing information about any criminal charges, peace bonds, or protection orders
Letting the court or decision-maker know if you have ongoing safety fears for yourself or the child
Providing information about how the abuse has affected the child (for example, fear, anxiety, changes in behaviour), without going into graphic detail

Before sharing new information with the other parent or starting a court process, consider whether there is any increase in risk to you or the child. Some people speak with a legal clinic, duty counsel, or a trusted community worker about safer ways to present information.

Evidence Courts Often Consider

Every case is different, and courts decide what evidence is relevant. In parenting cases involving family violence, courts may consider:

Police reports or occurrence numbers, if police were ever called
Protection orders, peace bonds, or restraining orders, including any breaches
Criminal charges, convictions, or ongoing criminal matters related to violence, threats, or harassment
Child protection involvement or safety plans from child and family services
Medical or clinic records that document injuries or stress (where available)
Text messages, emails, social media messages, or voicemails that show threats, harassment, or controlling behaviour
Witness statements from people who have directly observed relevant behaviour (for example, family, neighbours, professionals)
School or daycare notes about the child’s behaviour or safety concerns
Records of prior family court orders, agreements, or parenting plans

Courts often look at patterns over time, not just a single incident. They may consider whether the abusive behaviour has stopped, whether the person has taken steps to address it, and how the behaviour affects the child’s safety and wellbeing.

Keeping copies of important documents and communications in a safe place can be helpful. Think about digital safety if you store information on a shared device or account.

Supervised Parenting Time and Other Safety-Focused Options

When there are safety concerns, courts or parents may consider parenting arrangements that add layers of protection. Options can include:

Supervised parenting time: The child spends time with a parent while another adult or an agency monitors the visit. This can be in a supervised access centre or another approved setting.
Supported or therapeutic parenting time: Visits include support from a professional focused on parenting skills, communication, or the child’s needs.
Neutral exchange locations: Pick-ups and drop-offs happen in a public place or through a third party so parents do not have to meet directly.
Restricted communication between parents: Communication may be limited to written forms such as email or parenting apps, or through a third party, to reduce conflict and harassment.
Gradual or conditional contact: Parenting time may start with shorter or supervised visits and change over time if safety improves and conditions are met.

Supervised access is usually considered when the court believes contact with the parent may still benefit the child but there is concern about safety, substance use, abduction risk, or harmful behaviour during visits.

The availability of supervised access centres and the way they operate vary by province, territory, and community. Waitlists, fees, and rules can differ. Local legal clinics, family justice services, or community agencies may know what exists in your area.

Getting Information and Support

Family violence and parenting decisions can be complex and stressful, especially when immigration, language, or financial concerns are involved. Some people find it helpful to:

Learn about family law information services in their province or territory
Speak with a community legal clinic, duty counsel at the courthouse, or a trusted settlement or community worker
Ask about safety planning that includes children’s needs, school routines, and transitions between homes

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