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Domestic Violence and Oregon Family Court

How Oregon courts consider DV allegations in parenting plans.

Oregoncustody

FAMILY COURT & PARENTING

Raising Family Violence Concerns in Parenting and Contact Cases

Parenting Plan Basics

A parenting plan is a written document that explains how children will be cared for when parents are living apart. It can be informal between the parents or included in a court order.

Parenting plans usually cover:

Where the child will live and with whom
When and how the child will spend time with each parent
How decisions about health, school, culture, religion, and activities will be made
How parents will share information about the child (for example, email, parenting app, written notebook)
How exchanges (pickups and drop-offs) will happen
How to manage changes, missed time, or special days and holidays

In Canada, courts are required to put the best interests and safety of the child first. How this is described and applied can vary by province or territory.

In many places, parenting plans can be flexible and updated as children grow or circumstances change. If safety risks increase, courts can be asked to revisit parenting arrangements.

Presenting Family Violence Concerns

When there has been relationship harm or controlling behaviour, it can affect parenting, safety, and how decisions are made about children. If a case goes to court, judges usually need clear information about any safety concerns.

When explaining family violence in a parenting case, people often:

Describe patterns over time, not only single incidents
Explain how the behaviour affects the child’s safety, routines, and emotional well-being
Mention any threats, stalking, monitoring, or control related to children
Note how exchanges, communication, or decision-making are impacted
Explain any changes in the child’s behaviour (for example, sleep, school, fear), without diagnosing conditions

Information is usually provided through written statements (affidavits or forms), sometimes oral testimony, and supporting documents when available.

If preparing material for court, it can be helpful to stay factual and specific: dates when possible, what happened, who was present, and what the impact was. Avoid exaggeration and avoid guessing what the other person was thinking.

Types of Evidence Courts May Consider

Evidence rules differ across provinces and territories, and judges decide what weight to give each piece. Not every case will have all of these types of information. Some examples of what courts may consider include:

Sworn statements from parents or caregivers describing events and impacts on the child
Police reports or occurrence numbers, where police have been called
Criminal charges, peace bonds, or protection orders, if they exist
Child protection records or letters, if a child welfare agency has been involved
Medical or hospital records that note injuries or safety concerns
School notes or reports mentioning changes in the child’s behaviour or disclosures
Text messages, emails, and call logs that show threats, harassment, or controlling behaviour
Photos or records of property damage related to violence or intimidation
Notes about breaches of existing orders or agreements
Information from supervised access centres or parenting program reports, where available

Before collecting or storing evidence, consider digital and physical safety. For guidance on safer ways to store messages, photos, and documents, see information on safer use of technology.

Safety-Focused Parenting Arrangements

When family violence is a factor, parenting arrangements may be adjusted to reduce risk and support stability for the child. Options depend on the law and services in each province or territory, and on the specific situation.

Some safety-focused approaches can include:

Parallel parenting: Limited direct contact between parents, with clear written rules for schedules, communication, and decision-making.
Supervised parenting time: The child spends time with a parent in the presence of a supervisor (sometimes a relative, community member, or at a supervised access centre if available locally).
Neutral exchange locations: Drop-offs and pickups at a public place, community centre, or school, sometimes with third-party help.
No-contact or low-contact communication: Communication through email, parenting apps, or written notes instead of phone calls or in-person contact.
Clear boundaries in orders or plans: Specific start and end times, who can transport the child, and rules about intoxication, new partners, or travel.
Staged or graduated time: Parenting time that changes gradually if certain safety conditions are met.

Court orders may also address matters such as sharing passports and documents, restrictions on removing a child from a certain area, and requirements to follow existing protection orders.

If there is an active protection order, parenting and contact arrangements generally need to be consistent with its conditions. In some cases, courts may change or replace existing orders, but this depends on local law and the specific facts.

Some people find it helpful to learn about general options before meeting with a legal or community worker. Additional support options across Canada, including referrals to legal information and local services, can be found through resources listed at DV.Support.