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Domestic Violence and Family Court in Prince Edward Island

How PEI courts may consider domestic violence during custody and parenting decisions.

PEIfamily court

FAMILY COURT & PARENTING

Domestic Violence and Parenting Time in Canadian Courts

How Courts Look at Custody and Parenting Time

Across Canada, courts focus on the “best interests of the child” when making decisions about decision-making responsibility (custody) and parenting time (access/visitation). Domestic or family violence is one important factor among many.

While the details can vary by province or territory, courts often look at:

The child’s physical safety and emotional well-being
Any history of family or domestic violence, including patterns of control, threats, or intimidation
How each parent has met the child’s day‑to‑day needs (housing, food, school, medical care, routines)
The child’s relationship with each parent, siblings, and important caregivers
The impact of conflict on the child, including exposure to yelling, threats, or fear at home
Each parent’s ability and willingness to support the child’s relationship with the other parent, where it is safe
Any substance use, mental health concerns, or other issues that may affect parenting capacity
The child’s views and preferences, depending on age and maturity (often shared indirectly through professionals)

In Canadian law, exposure to domestic or family violence is usually treated as harmful to children, even if they are not directly physically harmed.

Raising Domestic Violence Concerns in a Parenting Case

Courts generally expect safety concerns to be raised clearly and as early as possible in a parenting dispute. This can feel risky or overwhelming, especially if there are fears about retaliation.

Domestic violence concerns may be raised through:

Statements in court documents that describe patterns of controlling behaviour, threats, or harm in simple, factual language
Requests for safety-related conditions on parenting time (for example, supervised visits or exchanges in public places)
Information shared with duty counsel, legal clinics, or advocates who can help organize your information
Sharing relevant documents, such as police occurrence reports or child protection records, with the court where allowed

If you are worried that raising abuse in court could increase risk at home, consider safety planning before filings, hearings, or difficult conversations. This can include planning how and where you travel, who knows your schedule, and what information is shared with the other party.

Types of Evidence Courts May Examine

Courts often look for patterns and consistency rather than a single “perfect” piece of proof. Not everyone has police reports or medical records. Lack of formal reports does not mean the violence did not occur.

Depending on the situation and local rules, evidence the court may consider can include:

Your own sworn statement (affidavit or declaration) describing incidents, patterns, and how the child was affected
Police records, such as occurrence reports, charges, or peace bond / protection order documents
Child protection records or letters showing involvement or investigations
Medical or health records documenting injuries, stress-related symptoms, or safety concerns you reported
School or daycare notes about behavioural changes, fear, or disclosures made by the child
Texts, emails, or messages showing threats, harassment, monitoring, or admitting to harmful behaviour
Photos or videos (for example, property damage, injuries, or screenshots of communications)
Witness statements from people who have seen or heard incidents or who know about the situation over time
Reports from professionals, such as parenting assessors, counsellors, or supervised-access program staff

Before gathering or saving evidence, think about digital safety. If the other person checks your phone or online accounts, privately storing messages or photos could increase risk. You can find general safety guidance in resources like /digital-safety.html.

When Supervised Parenting Time May Be Ordered

Supervised parenting (sometimes called supervised access or supervised visits) is when a neutral person or program is present during time between a child and a parent. It is usually considered a protective or temporary measure, not a long-term solution, but this can vary.

Courts may consider supervised parenting time when there are concerns about:

Safety risks to the child or the other parent, including threats, physical harm, or severe intimidation
Stalking, coercive control, or ongoing harassment that may affect the child’s sense of security
Abduction or refusal to return the child after visits
Substance use or mental health concerns that make unsupervised care unsafe
Serious conflict at exchanges that the child is exposed to
Limited parenting experience or long gaps in contact with the child

Supervision can take different forms depending on what is available in your area, such as:

Visits at a supervised access centre with staff present and written reports
Visits supervised by a trusted third party approved by the court (such as a relative or family friend)
Monitored exchanges, where only the handover is supervised, not the full visit

Supervision arrangements often include specific conditions, such as no substance use before visits, limited phone contact, or restrictions on discussing court matters with the child. These conditions are usually meant to reduce risk and stress for the child.

If you are unsure what may be realistic in your province or territory, a family law information centre, legal clinic, or community advocate may help explain common practices without giving specific legal advice. Some additional support options across Canada can be found through resources listed at DV.Support.