Domestic Violence and Family Court in Nova Scotia
How domestic violence may influence custody and parenting decisions in Nova Scotia.
Safety and Parenting Time When There Is Relationship Harm
Custody and Parenting Time Basics
Across Canada, family courts focus on what is safest and most supportive for the child. Different provinces and territories may use different words, but two common ideas are:
- Decision-making responsibility / parental responsibilities / custody – who can make important decisions for the child (school, health, religion, activities).
- Parenting time / contact / access – when and how a child spends time with each parent.
Courts usually look at:
- the child’s safety and wellbeing
- the child’s relationship with each parent and other important people
- stability in the child’s routine, school, and community
- each parent’s ability to meet the child’s needs
Raising Concerns About Violence or Abuse
Courts generally treat family violence, including emotional, psychological, financial, and physical harm, as important information in parenting cases. The focus is on whether there is a pattern or risk that could affect the child’s safety or wellbeing.
Some ways safety concerns may be brought to the court include:
- describing specific behaviours that caused fear for you or the child
- explaining how the behaviour affects the child’s daily life, routines, or sense of safety
- sharing if the child has seen or heard threats, yelling, damage to property, or harm
- telling the court about any steps already taken for safety (for example, staying with friends or family, speaking with a shelter, contacting police)
Evidence Courts May Consider
Courts may look at many kinds of information when deciding what parenting arrangements are safest. Not every case will involve all of these, and a judge may give more or less weight to each item depending on the situation.
- Your own account – written statements (affidavits) or oral testimony describing what has happened and how it affects safety and parenting.
- Messages and written communication – texts, emails, social media messages, or letters that show threats, harassment, controlling behaviour, or patterns of conflict.
- Police and incident reports – records of any calls to police, charges, or police notes, where they exist.
- Court and protection orders – peace bonds, restraining or protection orders, bail conditions, or prior family court orders.
- Medical or health records – records that show injuries, stress-related conditions, or disclosures, where available.
- School or childcare records – notes about attendance problems, behaviour changes, or safety concerns the child has shared.
- Third-party observations – information from neighbours, relatives, teachers, or others who have directly witnessed concerning behaviour.
- Child’s views and preferences – in some cases, and usually through a professional or court-ordered process, depending on the child’s age and local rules.
Some people choose to keep copies of important documents or screenshots somewhere safer, such as with a trusted person or in secure cloud storage, to lower the risk of them being found at home.
Supervised Visitation or Parenting Time
In situations where there are safety concerns, a court may order that a child’s time with a parent be supervised. Supervision is usually meant to reduce risk while maintaining some contact, when it is considered safe enough for the child.
Supervised time can take different forms, for example:
- Supervised visitation centres – a child spends time with the parent at a designated centre with trained staff present.
- Supervision by a third party – a relative, friend, or community member approved by the court is present during visits or exchanges.
- Monitored exchanges – only the pick-up and drop-off are supervised, so the parents do not have direct contact with each other.
Courts may consider supervised arrangements when, for example:
- there are recent or ongoing concerns about violence, threats, or stalking
- there is a history of ignoring court orders or using parenting time to control or intimidate
- there are concerns about substance use during parenting time
- the child is afraid or has not seen the parent for a long period
Some people find it helpful to speak with a family law information centre, duty counsel, or a community legal clinic for practical guidance on how supervised visitation works in their area. Additional support options across Canada can be found through resources listed at DV.Support.
Safety and Communication Around Parenting
When there has been relationship harm, communication about children can feel unsafe or overwhelming. Some people choose tools and approaches that reduce direct contact, such as:
- using written communication only (email, text, or a parenting app) where it is safe to do so
- keeping messages short, focused on the child, and neutral in tone
- having exchanges occur in public places or through a third party when required by an order