legal

Domestic Violence and Virginia Family Court

How DV concerns may affect child custody and visitation in Virginia.

Virginiacustody

FAMILY COURT SAFETY

Raising Safety Concerns About Parenting Time in Canada

How Courts Commonly Look at Custody and Parenting Time

Across Canada, courts focus on the “best interests of the child.” Exact rules can differ by province or territory, but some common factors usually include:

Safety of the child and the non-abusive parent or caregiver
The child’s physical, emotional, and mental well-being
The history of caregiving, including who handled daily care
Any history of family violence, coercive control, or harassment
How well each parent supports the child’s relationship with the other parent, where it is safe
The child’s views and preferences, depending on age and maturity

Courts may use terms like “decision-making responsibility,” “parenting time,” or “contact” instead of “custody” or “access,” depending on the province or territory.

Courts generally recognize that exposure to violence can harm children, even if the child is not the direct target.

Presenting Domestic Violence Concerns to the Court

When safety is an issue, it may help to describe patterns of behaviour rather than focusing only on single incidents. This can include:

Threats, intimidation, or stalking, including online or through others
Control over money, documents, transportation, or communication
Interference with parenting, such as withholding the child or not returning the child on time
Harassment during pick-ups and drop-offs
Breach of existing court orders or protective orders

Courts often look for any information that shows how the behaviour affects the child’s safety, routines, and emotional stability.

If it feels safer, concerns can sometimes be shared in writing through court documents rather than spoken in front of the other party. Availability of this option varies by province and by court.

Practical Ways to Share Safety Information

Without giving legal advice, some general approaches to sharing information with the court may include:

Keeping a brief, factual record of incidents (dates, times, what happened, impact on the child)
Saving copies of texts, emails, call logs, or social media messages that relate to safety or parenting
Gathering any written records from schools, doctors, or community agencies that describe safety concerns with the child
Referring, where possible, to existing police reports or child protection records without exaggeration or minimizing

Courts often respond better to calm, organized information that focuses on the child’s well-being, rather than on blame.

Safety-Focused Parenting Time and Visitation

When there are safety concerns, parenting arrangements can sometimes be structured in more protective ways. Options differ across Canada and depend on the specific situation, but may include:

Supervised parenting time: Visits take place in a supervised centre or with a person approved by the court
Neutral exchange locations: Pick-up and drop-off occur at a public place or supervised centre
Third-party exchanges: A trusted person does the handover so the adults do not meet directly
Limited or daytime-only visits: No overnights, or shorter visits, sometimes with conditions (for example, no alcohol use)
Structured communication rules: Contact between adults is limited to written formats or parenting apps, where appropriate and available

Courts may change parenting arrangements over time. A more restrictive arrangement can sometimes be adjusted later if safety improves and conditions set by the court are followed.

Planning Around Higher-Risk Moments

Transitions such as separation, new court filings, or changes in parenting time can increase risk. Some people consider:

Having another adult present during exchanges, where it does not increase conflict
Using public or supervised locations for pick-up and drop-off
Arriving and leaving at staggered times if the court or centre allows it
Keeping communication short, factual, and child-focused
Documenting concerns about exchanges in a factual way if it is safe to do so

Using Protective Orders in Parenting Situations

Different provinces and territories have different types of protective or restraining orders, and some are made in family court while others are made in criminal court. They can serve different purposes, such as:

Restricting contact or communication (in person, online, or through others)
Setting conditions around distance from a home, workplace, or school
Placing rules on how and where parenting exchanges occur
Clarifying what contact is allowed only for parenting or emergencies, if the court permits

Protective orders may interact with parenting orders in complex ways. Often, the most recent order or the more specific order will guide what happens, but this is not guaranteed and can vary widely by region and court.

If there is both a parenting order and a protective order, it may help to carry copies of both and to keep written notes of any questions or conflicts that come up. Local legal clinics or duty counsel, where available, can sometimes explain how local courts usually handle this.

Documenting Protective Order Concerns

Where it is safe to do so, some people choose to:

Record dates and times of any breaches or attempted contact
Keep copies of messages that may show pressure, threats, or attempts to ignore the order
Note the impact on the child, such as missed visits, fear, or disruption of routines
Bring these records to legal appointments, duty counsel, or a trusted advocate to help explain the situation

Finding Additional Support

Some community organizations and shelters across Canada can help explain common approaches local courts take with safety and parenting, without providing legal advice. Additional support options, including services in different regions, can be found through resources listed at DV.Support.