Domestic Violence and Utah Family Court
How domestic abuse can impact custody and parenting decisions in Utah.
Raising Family Violence Concerns in Parenting and Custody Cases
How Family Courts Look at Custody and Parenting Time
Across Canada, courts focus on the “best interests of the child.” This is the main standard used when deciding parenting time, decision-making responsibility (custody), and contact with a child.
While details can vary by province or territory, courts commonly consider:
- the child’s safety and well-being
- the child’s physical, emotional, and mental needs
- the strength and nature of each child–caregiver relationship
- each caregiver’s ability to meet the child’s needs
- any history of family violence or risk of harm
- the child’s views and preferences, depending on age and maturity
- the impact of any conflict on the child
Each province and territory has its own family laws and processes. The way these factors are applied can differ by region and by judge.
Presenting Family Violence Concerns Safely and Clearly
When raising family or intimate partner violence in a parenting case, it can help to be as clear, calm, and specific as possible. Courts usually look for information that shows:
- what has happened or is happening, in plain language
- whether the behaviour affects the child or the child’s safety
- whether you feel pressured, monitored, or afraid
- how the situation affects decision-making or exchanges of the child
Some people find it helpful to:
- write down key events with broad dates and who was present
- describe patterns (for example: ongoing threats, control, or monitoring) rather than only single incidents
- explain how the child responds (for example: fear, sleep changes, school changes) without adding graphic detail
- identify any existing court orders, peace bonds, or child protection involvement
If writing down events or keeping documents could be found by the other person and put you at risk, consider whether there is a safer way to store information, or whether it is safer not to record some details. For online privacy tips, see /digital-safety.html.
Protective Parenting and Safer Arrangements
Protective parenting refers to steps taken to lower the child’s risk of harm and exposure to conflict. In family court, this can show up as requests for parenting arrangements that reduce danger and pressure.
Depending on the situation, people sometimes ask the court to consider:
- decision-making by one caregiver on certain issues where conflict is high
- supervised parenting time with the other caregiver, at least temporarily
- exchanges of the child in public places or through a third party
- drop-off and pick-up at school or daycare to avoid direct contact
- limits on late-night calls, messages, or unplanned visits
- clear schedules that reduce ongoing negotiation and arguments
Courts may also look at whether each caregiver:
- supports the child’s relationship with the other caregiver when it is safe
- protects the child from direct and indirect abuse
- avoids using the child to send messages or gather information
- helps the child feel as stable and secure as possible
Asking for protective conditions does not mean you are trying to “cut out” the other caregiver. It can be a way of balancing safety with the child’s need for stability and reduced conflict.
The Role of Evidence in Parenting and Violence Cases
Courts usually need information and documents to understand risk and make decisions. Different types of evidence may be considered, including:
- Your own description of what has happened, in affidavits or testimony
- Documents such as messages, emails, call logs, or letters
- Official records such as police occurrence reports, criminal charges, or child protection records, where available
- Medical or school notes that mention injuries, behaviour changes, or concerns, if they exist
- Witness information from people who have directly seen or heard concerning behaviour
Not every situation has “perfect” evidence. Courts may still consider patterns, your safety concerns, and the overall context, especially when deciding temporary or interim arrangements.
Saving or collecting evidence can increase risk if the other person has access to your phone, email, cloud accounts, or home. Consider whether there is a safer device, account, or trusted person who can store information, or whether it is safer not to keep certain items.
Getting More Information and Support
Family law and court processes can feel complex, especially when there is a history of harm. Local legal clinics, duty counsel at family courts, and community-based family violence services may explain options in your region. Additional support options across Canada can be found through resources listed at DV.Support.