Domestic Violence and Vermont Family Court
How Vermont courts may consider domestic violence in custody cases.
Child Custody, Safety Concerns, and Family Court
Custody and Parenting Basics in Canada
Across Canada, family courts focus on what is considered to be in the “best interests of the child.” Safety and wellbeing are part of this. Terms and processes can differ by province or territory, but the general ideas are similar.
Some common parenting terms include:
- Decision-making responsibility / Custody – who makes major decisions about the child’s health, education, culture, and general upbringing.
- Parenting time / Access – when and how each parent spends time with the child, including regular time, holidays, and special occasions.
- Contact – time a child may spend with someone who is not a guardian or decision-maker (for example, a grandparent), depending on the province or territory.
- Shared parenting – both parents have substantial time and decision-making, even if the schedule is not exactly 50/50.
- Supervised parenting time – visits where another person or agency is present to monitor contact between the child and a parent.
Raising Domestic Violence Concerns in Parenting Matters
Family courts generally consider domestic or family violence as a factor when deciding parenting arrangements. This can include harm toward a partner, child, other family member, or patterns of control and intimidation.
People sometimes raise safety concerns in different ways, such as:
- Answering questions about family violence in court or mediation forms
- Explaining concerns in an affidavit, sworn statement, or application materials
- Mentioning safety issues during meetings with duty counsel, mediators, or family justice workers
- Sharing information with child protection agencies, where involved
When concerns are raised, courts may look at:
- The nature and frequency of the violence or controlling behaviour
- Its impact on the child’s emotional and physical safety
- Whether a parent is fearful or being pressured
- Whether there are any protective orders or past involvement of police or child protection
Types of Evidence Courts May Review
Family courts can review many forms of information. Exact rules vary by province, territory, and court, and there are usually procedures for how information must be shared and filed.
Examples of information sometimes used in parenting cases include:
- Police reports or occurrence numbers related to incidents at home
- Peace bonds, protection orders, or restraining orders and any breaches of those orders
- Child protection records or letters, where a child protection agency has been involved
- Medical or health visit summaries showing injuries, stress, or anxiety linked to family conflict or violence
- School notes or reports showing changes in behaviour, attendance, or performance related to conflict at home
- Text messages, emails, or social media messages that show threats, pressure, or patterns of control
- Photographs or logs documenting damage to property, repeated incidents, or concerning behaviour
- Witness statements from people who have directly observed certain events or patterns
Court processes also sometimes involve professionals who prepare reports, assessments, or recommendations focused on the child’s needs and safety.
Safety-Focused Parenting Plans
A parenting plan is a written outline of how parents will care for their child. When there has been domestic or family violence, plans may need extra safety-focused details.
Common Safety-Based Features
Depending on the situation, some parenting plans may include:
- Supervised exchanges at a child contact centre or public place, so parents do not have to interact directly
- Supervised parenting time for one parent, especially where there are recent or serious safety concerns
- Clear schedules that reduce last-minute changes and conflict
- Limits on communication, such as using email, text, or parenting apps only for child-related topics
- No-contact rules between parents, except through lawyers or specified platforms, where there are protection orders
- Specific transportation plans (who picks up, where, when, and how) to avoid unsafe encounters
- Rules about substance use while caring for the child, where appropriate
- Clear emergency steps if the child is not returned on time, is in immediate danger, or if orders are ignored
Balancing Contact and Safety
Courts often try to maintain a child’s relationship with each parent where it is safe to do so. When there are safety concerns, parenting arrangements may be adjusted rather than removed entirely. Examples can include:
- Shorter or daytime-only parenting time at first
- Gradual changes to overnight time if safety improves
- Different locations for visits, including neutral or supervised spaces
- Conditions on communication, such as no direct contact between parents
If there is a court order in place, each person generally needs to follow it unless and until it is changed by the court. Where safety changes, people sometimes apply to vary (change) existing parenting orders or agreements.