Domestic Violence and Rhode Island Family Court
How domestic abuse may influence child custody decisions in Rhode Island.
Custody, Safety, and Domestic Violence Concerns in Canada
Custody Basics in Canada
Parenting arrangements in Canada focus on what is safest and most stable for the child. Laws and terms can differ by province or territory, but courts usually look at the “best interests of the child” when making decisions.
Common terms you may see include:
- Decision-making responsibility / custody: Who makes important decisions about the child’s health, education, religion, and general wellbeing.
- Parenting time / access: When and how the child spends time with each parent, including holidays and special days.
- Contact time: Time a child spends with someone who is not a parent (for example, another family member), if ordered by a court.
Court orders and written agreements can set out where the child lives, how decisions are made, how parents communicate, and how safety concerns are handled.
Names for custody and parenting time are changing in some provinces and under federal law. Local family law information centres or legal clinics can explain the terms used in your area.
Raising Domestic Violence Concerns
Violence or control in a relationship can affect what parenting arrangements are safest for a child and for you. Courts generally take family violence seriously when they are aware of it.
Ways people sometimes raise these concerns in a family case include:
- Explaining safety concerns in court forms, affidavits, or sworn statements
- Letting duty counsel, a legal clinic, or an advocate know that safety is an issue
- Providing information about any existing criminal charges, peace bonds, or protection orders
- Mentioning any shelter stays or safety planning you have done when it is safe to do so
Sharing safety concerns can feel risky. Consider where you complete paperwork, who may see your documents, and whether using a safe phone or computer would lower any risks. For more tips, see digital privacy guidance such as information on /digital-safety.html if available on this site.
In some cases, professionals involved in your situation (such as a family lawyer, duty counsel, or a family justice counsellor, where available) may help explain to the court how the violence affects parenting and safety.
Common Types of Evidence
Evidence is information that helps a court understand what has been happening and what is safest for the child. What counts as useful evidence can vary by province or territory and by judge, but may include:
Personal Statements and Documents
- Affidavits or sworn statements: Written statements describing what has happened, in your own words.
- Journals or timelines: Notes about incidents, dates, and impacts on you or the child.
- Messages and emails: Texts, social media messages, or emails that show threats, controlling behaviour, or breaches of agreements or orders.
Official Records
- Police occurrence reports or disclosure: Where police have been called or charges have been laid.
- Court orders or documents: Peace bonds, protection orders, no-contact and no-communication conditions, or bail conditions.
- Child protection records: Any involvement from child protection or child welfare agencies.
Third-Party Information
- School or daycare records: Notes about attendance, injuries, behavioural changes, or who picks up the child.
- Witness statements: Information from people who have directly seen or heard relevant incidents.
- Reports from professionals: In some cases, courts may request or order assessments or reports from certain professionals; how this works depends on your region.
Try to store evidence in the safest way possible. This could mean using a trusted person, a secure email account, or a safe device. Avoid recording or collecting evidence in ways that could put you or a child at greater risk.
Additional support options, including services across Canada, can be found through resources listed at https://www.dv.support.
Safety-Focused Visitation and Parenting Options
When there are safety concerns, courts and parents sometimes use specific structures to lower risk. Availability varies by province or territory.
Supervised Parenting Time
- Supervised visits: Parenting time where another adult is present at all times, sometimes through a formal supervised access centre.
- Supervised exchanges: A third party or a centre handles child drop-offs and pick-ups so parents do not need direct contact.
Supervised programs may have waitlists or fees, and may not be available in all communities. Local family justice services or legal clinics can explain what exists in your region.
Structured and Limited Contact
- Specific schedules: Clearly defined times and places for parenting time to reduce conflict and confusion.
- No overnights or limited duration: In some cases, courts may order shorter visits or daytime-only visits when there are safety concerns.
- Safe locations: Exchanges at neutral, public, or agreed-upon safe locations instead of homes.
Indirect or Virtual Contact
- Phone or video calls: Contact with the child by phone or video, sometimes at set times and with conditions.
- Monitored communication: Parenting communication through apps, email, or other tools that create a written record.
If technology is used for parenting time or communication, consider how to manage privacy and location settings to reduce tracking or monitoring risks.