Domestic Violence and Texas Family Court
How abuse may influence custody, possession, and parenting orders in Texas.
Family Violence and Parenting Time in Canada
Understanding the “Best Interests of the Child” Standard
In Canada, decisions about parenting time and decision-making are based on what is considered to be in the “best interests of the child.” This is a guiding standard used by family courts across all provinces and territories, though details can vary by region.
When family violence is a concern, courts usually look at:
- Any history or pattern of family violence, including emotional, psychological, financial, or physical harm
- How the violence has affected the child’s safety, security, and well-being
- Whether the child has directly seen, heard, or been exposed to the violence
- The child’s emotional bond with each parent or caregiver
- Each parent’s ability to meet the child’s needs in a safe, consistent way
- Any current safety measures in place, such as safety plans or court orders
Raising Family Violence Concerns in Parenting Matters
When parenting arrangements are being discussed or decided, concerns about family violence can be shared in different ways. The options available depend on your province or territory, the court process, and any legal supports you may have.
Family violence concerns may be raised through:
- Family court documents where you describe safety concerns in clear, factual language
- Affidavits or sworn statements, where those are used
- Reports or notes from support workers, shelters, or community organizations (when available and appropriate)
- Existing police reports, child protection involvement, or medical records, if they exist
- Safety and risk assessments by qualified professionals, where available in your region
Safety When Raising Concerns
Raising family violence in a legal process can sometimes increase tension or risk. Planning how and when to share information can help reduce some of these risks.
- Consider whether it is safer to share details through a lawyer, duty counsel, or written documents instead of directly in front of the other party.
- Ask court staff or security (if available) about safety measures at the courthouse, such as separate waiting areas.
- Tell a trusted support person, organization, or service when you have a court date so someone knows where you are.
Additional support options across Canada can be found through resources listed at DV.Support.
Supervised Possession or Supervised Parenting Time
In some situations, courts may order that a child’s time with a parent take place under supervision. Different provinces and territories may use terms such as “supervised parenting time,” “supervised access,” or “supervised visits.”
When Supervised Time May Be Considered
Supervised parenting time might be considered where there are concerns about:
- Family violence or coercive control
- Child safety or neglect
- Substance use that could affect caregiving
- Abduction risk or not returning the child as agreed or ordered
- Serious conflict at exchanges
How Supervision Might Work
Supervision arrangements vary widely across Canada. They may involve:
- Visits at a supervised access or parenting centre, where staff are present
- Supervision by a trusted third party approved by the court (such as a relative or family friend)
- Conditions on time spent together, such as no substance use and no discussions of court matters with the child
- Shorter or less frequent visits, sometimes increasing or changing over time if it appears safe
Safety Considerations Around Supervised Time
If supervised parenting time is being considered, it may be helpful to think about:
- How safe you feel at drop-off and pick-up locations
- Whether third-party supervisors understand any safety concerns and their role
- How information about schedules and locations is shared with the other party
Interaction Between Parenting Time and Protective Orders
Protective Orders (such as Peace Bonds, Restraining Orders, Emergency Protection Orders, or similar orders) can interact with parenting arrangements. The exact names and processes differ across provinces and territories.
Common Ways These Orders Overlap
- No-contact conditions: These may prevent direct communication between adults, even if they share children.
- Communication through a third party or platform: Some orders or court directions may allow limited, structured communication about the child only.
- Attendance at exchanges: Orders may set rules for how children are exchanged, such as through a third party, a supervised centre, or at a public place.
- Conflicting directions: Sometimes, a parenting order and a protective order can appear to conflict, for example, one allowing contact for parenting and another restricting it.
Parenting Time Within the Limits of a Protective Order
When a Protective Order is in place, parenting arrangements may be adjusted to reduce contact between adults while allowing safe contact between a parent and child, where appropriate. Depending on the situation and region, this might involve:
- Using supervised exchange locations so adults do not interact directly
- Scheduling parenting time so that one adult leaves before the other arrives
- Using agreed-upon communication tools that keep a record of messages and limit contact to child-related issues
- Conditions that clearly set out where exchanges occur and who can be present
Safety Planning Around Orders
Orders can be an important part of safety, but they do not guarantee safety. It may be helpful to:
- Keep copies of any orders accessible to you and, where appropriate, to schools or caregivers
- Know who to contact in an urgent safety situation, including emergency services in your area
- Review safety plans regularly, especially if parenting time or orders change