Domestic Violence and Pennsylvania Family Court
How DV concerns may impact custody decisions in Pennsylvania.
Raising Safety and Abuse Concerns in Custody and Parenting Cases
Understanding “Best Interests of the Child” Factors
Across Canada, courts make parenting and custody decisions based on what is considered the “best interests of the child.” The exact wording and list of factors can vary by province or territory, but the ideas below are common.
Courts usually look at things such as:
- The child’s physical safety and emotional security
- Any history of family violence, coercive control, or patterns of intimidation
- The child’s relationship with each parent and other important people in their life
- The child’s needs, including age, health, cultural background, and schooling
- Each parent’s ability to meet those needs, including creating a safe and stable environment
- The impact of any violence on the child, whether the child was directly hurt, saw, or heard the harm
- Willingness and ability to support the child’s relationship with the other parent, where it is safe to do so
- Any civil or criminal court orders, including protection or no-contact orders
How to Raise Domestic Violence and Safety Concerns
Concerns about harm or control in a relationship can be raised in several ways. You do not need to have a criminal charge or a formal report for the court to consider safety issues.
Ways these concerns may come before the court
- In your court documents (for example, an affidavit or statement) explaining safety issues that affect your child
- Through your lawyer, if you have one, who can highlight family violence as a key factor
- In a case conference or hearing, where you or your lawyer calmly explain why certain parenting arrangements may be unsafe
- Through reports or assessments, if the court orders a parenting assessment, views of the child report, or similar evaluation
- By referring to existing orders such as peace bonds, bail conditions, or protection orders
Safety-focused information you may choose to share
People sometimes give the court information like:
- Past threats, stalking, or monitoring that made it unsafe to exchange or care for the child
- Times the child seemed scared, withdrawn, or upset around a parent
- Breaking of past court orders or safety conditions
- Concerns about substance use or weapons that increase risk to the child
- Any steps you have taken to stay safe (for example, supervised exchanges)
Support workers or legal clinics may help you think through how to describe safety concerns in a way that feels as safe as possible for you. Additional support options across Canada are collected at https://www.dv.support.
Types of Evidence the Court May Review
Each case is different, and courts decide what evidence is relevant. The items below are examples that may or may not apply to a particular situation.
Documents and records
- Text messages, emails, or social media messages showing threats, harassment, or controlling behaviour
- Call logs or messages showing repeated unwanted contact or harassment
- Police occurrence reports or summaries, if police were ever called
- Copies of past court orders, including criminal release conditions or family court orders
- Medical or counselling notes that may show the impact on you or the child, where available and appropriate
- Screenshots or photos that document damage, tracking, or other safety concerns
- School notes or reports showing changes in the child’s behaviour linked to safety concerns
Witnesses and professional input
- Witness statements from people who have directly seen or heard concerning behaviour
- Police officers or other professionals who may be called to testify about specific incidents or records
- Parenting assessors or evaluators, where the court has ordered a report
- Child’s views and experiences, sometimes through a report, appointed representative, or other process, depending on local rules
How Protection Orders and PFAs Interact with Parenting Cases
In Canada, different types of protection orders may exist at the same time as a family court case. Names vary by province or territory. They might be called emergency protection orders, restraining orders, intervention orders, or other similar terms. Some people use the term “PFA” from “protection from abuse.”
Common ways protection orders can affect parenting
- No-contact or limited contact terms may affect how exchanges or communication about the child can happen
- Stay-away conditions may require supervised exchanges or using a neutral public place
- Prohibition on third-party contact may limit using friends or relatives to pass messages
- Firearms or weapons conditions may be considered when the court looks at overall risk
- Temporary residence or exclusion clauses can affect where the child lives in the short term
When orders appear to conflict
Sometimes a family court parenting order and a criminal or civil protection order may seem to pull in different directions. For example, an order might require exchanges of the child, while a no-contact condition limits communication.
In these situations, possibilities can include:
- Using third-party or supervised exchanges so direct contact is not required
- Having written communication only through a safe, documented method that is allowed by all orders
- Returning to court to clarify or adjust an order, where permitted, so safety conditions and parenting arrangements line up
Courts usually try to ensure that any contact with or between parents does not undermine the safety protections already in place. How this is done will depend on the type of orders, the level of risk, and the laws in your province or territory.