Domestic Violence and Quebec Family Court

How domestic violence affects custody and parenting decisions in Quebec.

Parenting, Custody and Safety Concerns After Relationship Harm

Parenting and Custody Basics

When parents separate in Canada, decisions about children focus on the child’s best interests. Different provinces and territories use slightly different terms, but the main ideas are similar.

Key Terms You May Hear

• Parenting time / access – when a child is in the care of each parent, including visits and overnights.
• Decision-making responsibility / custody – who can make important decisions about the child’s health, education, culture, and religion.
• Contact – time with a child for someone who is not a parent (for example, a grandparent), if ordered by a court.
• Parenting plans – written arrangements for how parents will share parenting time and decisions, sometimes made with mediators or lawyers, and sometimes ordered by a court.

Courts look at the child’s physical, emotional, cultural, and psychological safety and well-being. Past or current relationship harm can be part of this safety picture.

Raising Concerns About Abuse or Violence

If relationship harm or controlling behaviour is affecting parenting, it can be important to let decision‑makers know, especially when safety is involved.

Ways Concerns May Be Raised

• Through a sworn statement or affidavit in a family court process.
• In conversations with a family lawyer or legal clinic, if you choose to use one.
• By sharing relevant information with mediators or parenting assessors, where it is safe and appropriate.
• Through reports from child protection authorities, if they are already involved.

If you are concerned about immediate safety, you can consider reaching out to local crisis lines, shelters, or community organizations. Many can offer safety planning ideas that do not require you to start a court case.

Evidence Courts May Consider

Courts generally look for information that is specific, concrete, and focused on the child’s safety and well-being. The exact rules of evidence can vary, but some examples of information that may be considered include:

• Police involvement – incident reports, charges, or peace bonds related to the other person’s behaviour.
• Child protection records – letters, safety plans, or reports from child welfare agencies.
• Criminal or family court documents – existing orders, undertakings, or probation conditions.
• Medical or health records – notes from doctors, nurses, or other health providers, if they relate to safety or injuries.
• School or daycare information – attendance issues, behaviour concerns, or safety notes involving the child.
• Messages and written communications – texts, emails, social media messages, or recorded voicemails that show threats, harassment, or controlling behaviour.
• Witness information – statements or testimony from people who observed incidents or patterns of behaviour.
• Your own detailed notes – a private record of dates, times, and what happened, kept in a safe place.

Supervised Access and Other Safety-Focused Options

When there are safety concerns, a court may consider different ways to structure parenting time. Outcomes are not guaranteed and depend on local law and the details of each situation, but possibilities can include:

Supervised Parenting Time

Supervised access (also called supervised parenting time) means a child spends time with a parent while another safe person or service is present.

• Visit supervision centres – some communities have formal centres where workers supervise visits.
• Third‑party supervisors – in some cases, a trusted adult (such as a relative) may supervise, if the court agrees.
• Conditions on visits – rules such as no drinking or substance use beforehand, or restrictions on what can be discussed with the child.

Supervised time can sometimes be ordered temporarily while risk is assessed or until certain steps are completed, such as counselling or programs. In some cases, it may continue longer term if risks remain.

Other Possible Safety Measures

• Exchanges in safe locations – pick‑ups and drop‑offs happening at neutral places, sometimes with staggered times to avoid direct contact between adults.
• Communication rules – using written communication only, or using parenting communication apps, if a court orders this.
• Limits on overnight time – shorter or daytime-only visits where there are ongoing safety or stability concerns.
• No-contact between adults – orders that limit or structure contact between parents, while still allowing communication about the child through safe methods.

Looking After Your Safety While Co‑Parenting

Co‑parenting with someone who has used abuse or control can be challenging. Some people find it helpful to:

• Keep communication short, factual, and focused on the child.
• Avoid in‑person contact when possible, if this feels safer.
• Document concerning behaviour in a calm, organized way.
• Reach out to community or legal supports for information before responding to upsetting messages.

Recommended Articles

• Digital Safety Planning Basics
• Safety Considerations for Ontario Residents
• How to Support Someone Experiencing Abuse
• Safety Planning With and Around Children
• Understanding Protection Orders in Canada