legal

Domestic Violence and South Carolina Family Court

How DV issues can affect custody and visitation decisions in SC.

South Carolinacustody

FAMILY COURT & PARENTING SAFETY

Child Custody, Safety, and Domestic Violence

Custody Basics in Canada

Across Canada, courts aim to make parenting decisions based on what is in the “best interests of the child.” The exact words and processes can be different by province or territory, and some laws are changing over time.

Where family violence is involved, courts may look at:

Any history or pattern of violence in the relationship
How safe the child and the non-violent caregiver are
Whether a caregiver can meet the child’s day-to-day needs without fear or control from the other parent
Whether a parent tries to involve the child in conflict or control the other parent through the child

Courts may use different terms such as “decision-making responsibility,” “parenting time,” or “contact.” These generally describe:

Who can make important decisions for the child
Where the child lives day to day
How and when the child spends time with each parent or caregiver

In some places, family courts must consider family violence as part of the “best interests of the child.” How this works and what evidence is needed can vary. Local legal clinics or duty counsel may explain your region’s approach.

Presenting Domestic Violence Information to the Court

Sharing information about relationship harm in a court setting can feel overwhelming. It is usually more effective to focus on patterns, safety concerns, and how the situation affects the child, rather than on every argument or detail.

People sometimes bring information such as:

Police reports, peace bonds, or protection orders (if any exist)
Medical or hospital records that mention injuries or fear
Text messages, emails, or voicemail recordings that show threats, control, or harassment
Screenshots from apps or social media that show patterns of monitoring, stalking, or intimidation
School or daycare notes about behaviour changes, fear, or things a child has said
Notes from shelters, counsellors, or community workers, where available
Any earlier court orders or agreements that mention safety concerns

When possible, information is usually more helpful if it is:

Organized by date, with brief, factual descriptions
Clear about who was present and what was said or done
Focused on how the behaviour affects the child’s safety, routines, or emotional well-being

Be careful when collecting or storing evidence. If the other person has access to your devices, consider safer ways to save or share information. Guidance on limiting digital tracking and monitoring is available in resources similar to those listed at https://www.dv.support.

Child-Safety Considerations

Courts may look closely at how the situation affects the child, not only whether the child has been directly harmed. Common safety-related factors include:

Whether the child has seen or heard threats, yelling, or controlling behaviour
Whether the child changes behaviour before or after visits (for example, nightmares, fear, or aggression)
Whether the child is used to send messages, gather information, or pressure the other parent
Any history of harming pets, damaging property, or threats like “If you leave, you’ll never see the child again”
Substance use, unsafe driving, or weapons in the home
Whether one parent respects boundaries, schedules, and court orders

Safety planning for children often focuses on:

Keeping predictable routines where possible (school, daycare, activities)
Safe people the child can turn to (teachers, neighbours, relatives)
Age-appropriate ways for the child to ask for help without being put in the middle of conflict

Many children feel loyalty to both caregivers, even when harm is happening. Courts often consider how to reduce conflict and avoid placing children in situations where they must “choose sides.”

Supervised Visitation and Other Contact Options

When there are safety concerns, courts may consider different ways for a child to spend time with a parent while reducing risk. These can look different from case to case and from one province or territory to another.

Common Supervised Contact Arrangements

Supervised visitation at a centre: Visits take place at a supervised access or visitation centre where staff observe or stay nearby. There are usually rules about arrival, departure, and behaviour.
Third-party supervision: A trusted, neutral adult (such as a relative or family friend) is present during visits, if the court finds this safe and suitable.
Exchange supervision only: A centre or third party supervises drop-offs and pick-ups, but not the entire visit.
Virtual contact: Phone calls or video calls at set times, sometimes with conditions or another adult nearby.

Conditions around supervised contact may include:

No use of alcohol or drugs before or during visits
No questioning the child about the other parent’s private life or location
No discussing court cases, adult disputes, or “taking sides”
Respecting start and end times exactly

Access to supervised access centres varies by region. Some areas have waiting lists or limited hours. Local family resource centres, legal clinics, or family courts may know what is available nearby.

Balancing Safety and Contact

Courts often try to balance a child’s safety with a child’s ongoing relationship with both parents, where it is safe to do so. When there is a history of family violence, the focus is usually on:

Reducing opportunities for harassment or control during exchanges
Protecting the non-violent caregiver from ongoing contact where possible
Allowing the child to have safe, predictable contact that does not feel confusing or frightening
Adjusting arrangements if new safety information arises

If you are involved in a custody or parenting case where family violence is an issue, local legal information services, legal aid offices (where available), or duty counsel at the courthouse can often explain how your region approaches these decisions. They cannot guarantee outcomes but may help you understand options and possible next steps.