Domestic Violence and Ontario Family Court
How domestic violence may affect custody and parenting-time decisions in Ontario.
Family Court Safety: Best Interests, Violence Concerns, and Evidence
Best-Interest Factors Under the Children’s Law Reform Act
In Ontario, the Children’s Law Reform Act (CLRA) says that decisions about decision‑making responsibility (custody) and parenting time (access) focus on the “best interests of the child.” The court looks at many factors together, not just one.
Some key best‑interest factors under the CLRA can include:
- the child’s physical, emotional, and psychological safety, security, and well‑being
- the child’s needs, including age, stage of development, and any special needs
- the nature and strength of the child’s relationship with each parent and other important people
- each parent’s willingness and ability to meet the child’s needs on a daily basis
- each parent’s willingness to support the child’s relationship with the other parent
- the child’s views and preferences, where it is appropriate and safe to consider them
- history of family violence or patterns of controlling behaviour
- any court orders or criminal charges that may affect parenting
- the ability of each parent to communicate and cooperate about the child, where it is safe to do so
The exact wording of the law can change over time. For current Ontario legislation, consider checking an official government website or getting legal information support.
How Family Violence Is Considered
The CLRA directs courts to look specifically at family violence when deciding what is best for a child. Family violence can include physical, emotional, psychological, sexual, financial, or controlling behaviour, even if there are no criminal charges or convictions.
When family violence is raised, courts may look at:
- the nature, seriousness, and frequency of the violence
- whether the violence is part of a pattern of coercive or controlling behaviour
- whether the child was directly harmed, saw or heard the violence, or was otherwise affected
- the risk of future harm to the child, the non‑violent parent, or other family members
- whether a parent has taken steps to address behaviour or safety risks (for example, counselling or programs)
- how the violence affects a parent’s ability to care for the child and to cooperate safely about parenting
Family violence can be relevant even if it was not reported to police, did not result in charges, or happened in the past. Courts may look at patterns over time.
Raising Family Violence Concerns in a Parenting Case
In Ontario parenting cases, information about family violence is usually raised in written documents and in sworn evidence. This may happen:
- in an application or answer form where a person describes safety concerns
- in affidavits (sworn written statements) filed with the court
- during conferences or hearings where a person may speak about safety
- through reports written by professionals the court has authorized, such as assessors or the Office of the Children’s Lawyer
When safety is a concern, people sometimes explain:
- how the violence has affected the child and daily life
- what contact arrangements feel unsafe
- what steps have been taken to improve safety (for example, safety planning, temporary arrangements, or contacting services)
For legal information about how to raise family violence concerns safely in your own case, local legal clinics or duty counsel at family court may be helpful. They cannot guarantee outcomes but can explain options.
When Supervised Parenting May Be Considered
Supervised parenting (also called supervised access or supervised parenting time) means a child spends time with a parent while another adult or a supervised centre is present. It is usually considered a short‑term or safety‑focused arrangement.
Courts may consider supervised parenting when there are concerns such as:
- risk of harm to the child or the other parent
- a pattern of family violence or intimidation
- concerns about substance use that could affect parenting
- serious mental‑health concerns that affect safety
- past neglect or unsafe supervision
- a long break in contact and a need to rebuild the relationship gradually
- concerns that a parent may not return the child after parenting time
Supervision can take different forms, for example:
- supervised visitation at a community centre or agency
- supervision by a trusted, neutral person named in a court order
- supervised exchanges, where only pick‑up and drop‑off are supervised, not the entire visit
Whether supervised parenting is ordered, and for how long, depends on the specific facts of the case and current Ontario practice. Courts may change or end supervision if risks decrease or if circumstances change.
Types of Evidence Courts May Examine
In parenting cases that involve family violence or safety concerns, courts look at different kinds of information. Not every case will include every type of evidence.
Personal and Sworn Statements
- affidavits (sworn documents) explaining what happened, how often, and how it affects the child
- court forms that describe safety concerns and requested parenting arrangements
- live testimony in court, where a person answers questions under oath
Documents and Records
- texts, emails, messages, and social media posts
- call logs, voicemail recordings, or written notes
- diaries or timelines of incidents, if they were kept
- school letters or reports about changes in behaviour or attendance
Reports From Services or Professionals
- medical or hospital records, where available
- police occurrence reports or criminal court documents, if any
- child protection records, where involved
- parenting assessments or reports ordered by the court
- reports or letters from counsellors or support workers, where appropriate and available
Orders and Safety‑Related Documents
- existing family court orders or agreements
- restraining orders or peace bonds, if any
- probation orders, bail conditions, or no‑contact conditions
Evidence rules can be complex, and not every document or statement will be accepted by the court. Duty counsel, family law information centres, and community legal clinics can provide legal information about what may be useful in your situation.
Getting Information and Support
People navigating parenting issues and family violence often use more than one type of support, such as legal information, community agencies, and safety planning resources. Additional support options across Canada can be found through resources listed at https://www.dv.support.
This page provides general safety‑focused information for Ontario situations under the Children’s Law Reform Act. It does not replace legal advice or mental‑health care.