Domestic Violence and West Virginia Family Court
How DV concerns may impact custody decisions in WV.
How Family Courts Look at Parenting Time and Safety
1. Custody and Parenting Framework in Canada
Family courts across Canada focus on the “best interests of the child.” The exact words and forms can differ by province or territory, but the basic ideas are similar.
Courts may look at:
- Who makes important decisions about the child (education, health, religion, activities)
- Where the child lives most of the time
- How much time the child spends with each parent or caregiver
- How decisions are made and how parents communicate
Terms used can include “decision-making responsibility,” “parenting time,” “parental responsibilities,” or older terms like “custody” and “access,” depending on the law being applied.
2. Raising Concerns About Violence or Safety
Information about relationship harm, child abuse, or safety risks can be important in parenting cases. How it can be raised depends on whether there is already a court case and what stage it is at.
People sometimes raise concerns through:
- Documents filed with the court, such as affidavits or forms describing safety issues
- Speaking to duty counsel or a legal clinic to understand how to present safety information
- Sharing relevant information with their lawyer, if they have one, so it can be organized for court
- Providing records that already exist, such as police occurrence reports, protection orders, or child protection documents, when it is safe and legally permitted to do so
Support workers and advocates can sometimes help a person understand what types of information may be useful, but they usually cannot give legal advice.
3. What Judges May Consider in Parenting and DV Cases
Judges generally look at a number of factors related to the child’s best interests. Where there are concerns about violence or abuse, courts may consider:
- Any history of family violence or controlling behaviour, including patterns over time
- How the behaviour has affected the child’s emotional and physical safety
- Any impact on the non-abusive parent’s ability to safely care for the child
- Whether there are existing protection orders, criminal charges, or child protection involvement
- The child’s needs, routines, and relationships, including feelings of safety with each parent
- Whether a parent has followed previous court orders
- Steps taken by a parent to address safety issues, such as attending programs or counselling
- The risk of ongoing harm or exposure to conflict
Judges usually try to balance a child’s need for safety with the potential benefits of having a relationship with each parent, when that can be done safely.
4. When Supervised Parenting Time or Supervised Exchanges Are Used
In some situations, a court may decide that any contact between a child and a parent should be supervised, at least for a period of time. This is usually considered when there are safety concerns that cannot be managed through regular parenting time.
Supervision may be considered when there are concerns such as:
- Recent or ongoing family violence
- Concerns about child safety, neglect, or exposure to serious conflict
- Substance use or mental health issues that may affect safe parenting
- Abduction risk, such as threats to keep the child or remove the child from Canada
- Limited or no previous relationship between the child and the parent
Supervision can look different depending on what is available locally and what the court orders. Examples include:
- Supervised visits at a community visitation centre
- Supervision by an approved third party, such as a relative or trusted person identified in the order
- Supervised exchanges, where the handover is monitored but the visit itself is not fully supervised
- Conditions on communication, such as using specific apps or avoiding certain topics around the child
Supervised time is often reviewed after a set period or after certain conditions are met, but the specific approach can vary by case and region.
5. Getting Information and Support
Because each case and province or territory is different, local legal information can be important before making decisions. People often combine several supports, such as legal clinics, settlement services, family resource centres, or anti-violence organizations.
Additional support options across Canada, including information on legal clinics and shelters, can be found through resources listed at DV.Support.