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Domestic Violence and Wyoming Family Court

How Wyoming courts may consider domestic abuse in custody decisions.

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FAMILY LAW & SAFETY

Parenting, Safety, and the Family Court Process in Canada

How Courts Look at Parenting and Custody

Across Canada, family courts focus on what is in the “best interests of the child.” Safety and wellbeing are central to this test. Exact rules and terms can vary by province or territory, but some common ideas include:

Children having safe, stable, and predictable care
Protecting children from physical, emotional, sexual, and financial harm
Protecting children from exposure to family violence or coercive control
Considering the child’s needs, age, and stage of development
Looking at each caregiver’s ability to meet the child’s day-to-day needs
Avoiding orders that might place a caregiver at ongoing risk of harm

Courts no longer always use the word “custody.” Many use terms like “parenting time,” “decision-making responsibility,” and “contact.” The labels may be different, but safety remains a key concern.

In many Canadian laws, “family violence” includes not only physical harm, but also threats, stalking, property damage, and patterns of control that affect safety or freedom.

Raising Concerns About Family Violence

Family violence concerns can be brought to the court in different ways, depending on where a person lives and what process they are in. Some common places where concerns may appear include:

Documents filed in a family court case (for example, an affidavit or statement)
Applications to change existing parenting orders or agreements where safety has become an issue
Reports from child protection agencies, if they are involved
Information shared with mediators, assessors, or parenting coordinators, where those services are used
Court conferences or hearings where a judge asks about safety

People may describe patterns such as intimidation, isolation, threats, or monitoring behaviour, even if there were few or no injuries. Courts can consider both past violence and current risk.

If someone is worried that sharing information about violence could increase their risk, they may wish to think about where, when, and how they share details, and who will see those documents. In some regions, duty counsel, legal clinics, or family court support workers can explain local processes.

Types of Information a Court May Consider

No single piece of information controls the outcome. Courts usually look at the whole picture and may give different weight to different items. Depending on the situation and local rules, a court may consider:

Personal Accounts and Documents

Sworn statements describing specific incidents, patterns of control, or threats
Text messages, emails, call logs, or social media messages that show concerning behaviour
Copies of safety planning notes or journals that record incidents and dates
Parenting calendars showing missed time, sudden cancellations, or concerning exchanges

Reports from Services and Authorities

Police occurrence reports or incident numbers, where they exist
Conditions from peace bonds, protection orders, or bail orders
Records from child protection agencies (if involved)
Medical or health-clinic notes that document injuries or emotional impacts
School records noting behavioural or attendance changes linked to home stress

Assessments and Observations

Parenting assessments or home studies, where ordered by the court
Reports from supervised parenting centres, if used
Information from counsellors or support workers, where disclosure is allowed

Not everyone will have formal records like police reports or medical documents. Courts can still consider a person’s sworn evidence and any other available information.

Safety-Focused Parenting Structures

When family violence is a concern, courts may look at parenting arrangements that reduce risk and stress, while supporting children’s relationships in safe ways. Options can vary by province or territory and by the level of risk. Examples include:

Supervised Parenting Time

Parenting time takes place at a supervised access centre or another agreed safe location
A trained supervisor or responsible third party is present
Supervision may be temporary while risk is assessed, or longer-term if needed

Supported or Structured Exchanges

Drop-offs and pick-ups at a neutral location (for example, a public place or a supervision centre)
Staggered arrival and departure times so caregivers do not have direct contact
Exchanges coordinated through a trusted third person or service

Limits on Communication

Communication focused on child-related topics only
Use of written tools (such as parenting apps, email, or text) instead of in-person or phone contact
Ground rules about tone, frequency, and urgency of messages

Adjusted Decision-Making Responsibilities

One caregiver having final decision-making power on certain topics, where needed for safety or stability
Specific rules for sharing information about the child without requiring frequent direct contact
Conditions that limit a person’s ability to attend at the other person’s home or workplace

Gradual or Conditional Changes

Parenting time that increases in steps if certain conditions are met (for example, program completion or a period without incidents)
Regular review dates to reassess arrangements
Clear safety conditions in any order or agreement

Safety-based structures are often tailored. Courts may combine several tools, and arrangements can sometimes be reviewed and adjusted if risk levels change.

Some people also look for non-court support alongside any legal process. Community agencies, legal clinics, and national resource lists such as those linked at https://www.dv.support may help identify options for safety, information, and practical assistance across Canada.