Domestic Violence and Tennessee Family Court
How Tennessee family courts may consider domestic abuse when determining custody.
Child Custody and Safety Concerns in Canada
1. How Child Custody Decisions Are Framed
Across Canada, courts focus on the “best interests of the child.” Safety and wellbeing are central to this, and family violence is one important factor among many. Each province and territory has its own family law, and federal law can also apply, especially for divorcing married parents.
Instead of using only the word “custody,” newer laws often refer to:
- Decision-making responsibility – who makes major decisions about the child’s health, education, culture, and activities
- Parenting time – when and how children spend time with each parent
- Contact – time children may spend with others, such as grandparents, when allowed by the court
Court orders can be very detailed, and can include safety-focused conditions about how and where exchanges happen, communication methods, and who can attend visits.
2. How to Raise Family Violence or Safety Concerns
Concerns about violence, coercive control, or unsafe behaviour toward the child or toward a parent can be relevant in parenting cases. Courts generally need clear information to understand any safety risks.
People sometimes share concerns in ways such as:
- Explaining past and current safety issues in court forms or written statements
- Describing how the other person’s behaviour affects the child’s wellbeing or routines
- Letting the court know about any existing peace bonds, protection orders, or no-contact conditions
- Mentioning supports already involved, such as child protection workers or supervised access centres
It can be helpful to focus on specific behaviours and impacts on the child, rather than general character comments about the other person.
3. Types of Information Courts May Look At
Every situation is different, and courts decide what information is relevant and how much weight to give it. The following are examples of materials that courts may consider in parenting and safety matters:
- Court records – past or current family, criminal, or child protection files, including any existing orders
- Police reports – incident reports or occurrence numbers, if any calls were made
- Protection orders – such as emergency protection orders, restraining orders, or peace bonds
- Medical or health records – documentation that may connect injuries, stress, or the child’s health needs to certain events
- Child protection involvement – letters, reports, or notes from child welfare agencies, where applicable
- School or daycare information – attendance records, behaviour notes, or observations about the child’s mood and functioning
- Witness statements – letters or testimony from people who directly observed interactions or behaviours (for example, neighbours, family, or professionals)
- Digital evidence – text messages, emails, call logs, or social media messages, if relevant and safely stored
- Parenting assessments – in some cases, professionals may be appointed to assess parenting patterns and make recommendations
Not every case requires all of these items. Courts try to balance the need for information with the need to avoid unnecessary harm or delay.
4. Supervised Parenting Time and Exchange Options
When there are safety concerns, courts sometimes order structured arrangements rather than unsupervised time. These can be temporary or longer-term, depending on the situation and the child’s needs.
Options may include:
- Supervised parenting time – time with the child happens at a supervised access centre or other safe location, with trained staff or agreed-upon supervisors present
- Supervised exchanges – supervision only for drop-off and pick-up, so parents do not have direct contact with each other
- Third-party exchanges – a trusted person (not the child) handles transportation or hand-offs between parents
- Virtual parenting time – phone or video calls, sometimes with conditions about timing, content, or supervision
- Gradual changes – step-by-step adjustments, such as moving from supervised to partially supervised, if it becomes safe and appropriate
Courts aim to prioritize the child’s emotional and physical safety while also considering the importance of stable, low-conflict routines.
5. Getting Information and Support
Managing parenting issues alongside safety concerns can feel complex. Community-based supports, legal information services, settlement agencies, and newcomer organizations can often explain local processes in clear language and may know about supervised access programs in your area.
Additional support options across Canada can be found through resources listed at DV.Support. These services may help you locate legal information, local family services, or shelters, but they do not replace legal advice.