Domestic Violence and Family Court in Nunavut
How DV concerns may affect parenting and custody decisions in Nunavut.
Parenting, Custody, and Safety Concerns about Abuse
Parenting and Custody Basics
Across Canada, family courts focus on what is in the “best interests of the child.” Safety is a key part of that, including any risk of family violence or coercive control.
Language and rules can vary by province or territory, but courts commonly look at:
- Who has been caring for the child day to day (routine, school, health)
- The child’s emotional and physical safety
- Any history of violence, threats, or intimidation in the family
- The child’s age, needs, and connections to community and culture
- Each person’s ability to meet the child’s needs safely
Some places now use terms like “parenting time” and “decision-making responsibility” instead of “custody” and “access.” The meaning is similar: who makes major decisions, and when the child is with each person.
Raising Concerns about Abuse in Parenting Matters
When there has been relationship harm, it can feel risky to talk about it in a court or legal setting. It is allowed to raise safety concerns related to parenting, and courts are expected to consider them carefully.
People sometimes share information about:
- Specific safety worries about the child (physical, emotional, or psychological)
- Patterns of controlling behaviour that affect parenting or exchanges
- Threats, intimidation, or stalking, including through technology
- Incidents that led to police, child protection, or medical involvement
- How the child reacts before or after time with the other parent
Concerns can be raised in different ways, such as through court forms, sworn statements, discussions with a lawyer, duty counsel, or family justice staff, depending on what is available in your region.
Types of Evidence Courts May Review
Courts usually prefer clear, detailed, factual information. Each case is different, and not every situation will have documents or “proof.” When it exists, some examples of information courts may look at include:
- Personal statements: Your own sworn statement or affidavit describing what has happened and how it affects the child
- Messages and digital records: Texts, emails, call logs, social media messages, or recordings (where legally allowed) that show threats, harassment, or control
- Police or protection records: Occurrence numbers, police reports, peace bonds, protection orders, or bail conditions
- Child protection involvement: Letters, safety plans, or reports from child and family services, where applicable
- Medical or counselling notes: Summaries or letters confirming visits or concerns raised (often shared with your consent)
- School or childcare observations: Notes about changes in the child’s behaviour or safety concerns reported by staff
- Witness accounts: Statements from people who have seen or heard relevant events
Not everyone will have access to all of these documents, and abuse can still be taken seriously without extensive paperwork.
Supervised Access and Parenting Time
When there are safety concerns, a court may consider supervised contact between a child and a parent. This means visits or exchanges happen with another person or service present.
Supervision might be:
- Through a supervised access centre: A structured program where staff monitor visits and keep notes
- Through a neutral third party: A relative, community member, or other person agreed to or ordered by the court
- During exchanges only: The supervision focuses on pick-up and drop-off, not the entire visit
Court decisions about supervised time usually consider:
- The level and type of risk to the child or the other parent
- Whether the person causing harm is addressing their behaviour (for example, through programs or counselling)
- The child’s age, comfort level, and specific needs
- Practical issues, such as waitlists for centres or distance to services
Supervision is often described as a temporary safety measure that can be reviewed later, depending on what happens over time.
Safety and Support While Parenting Decisions Are in Progress
Parenting disputes involving abuse can be stressful and may increase safety concerns. It can help to think through:
- Safer ways to communicate about the child, such as written messages or monitored apps, if available
- Safer locations and times for child exchanges, including public places or third-party pick-ups where possible
- What to do if a court order is not followed or if conditions are breached
- Who you might safely speak with about what is happening (legal clinics, newcomer supports, family justice services)
Additional support options and information about services across Canada can be found through resources listed at DV.Support.