Domestic Violence and Family Court in Yukon
How Yukon courts may handle domestic violence concerns during parenting decisions.
Parenting Time, Safety Concerns, and Supervised Access
Parenting Basics After Separation
After separation or divorce, Canadian family courts generally focus on what is in the “best interests of the child.” This is the main idea behind decisions about parenting time and decision-making responsibility.
- Parenting time: When and how a child spends time with each parent or caregiver.
- Decision-making responsibility: Who makes important decisions about the child’s health, education, religion, and general well-being.
- Parenting plans: Written arrangements that explain the schedule and how decisions about the child will be made.
Court orders and written agreements can be different in each province or territory, and the language used (for example, “parenting time,” “contact,” or “access”) may vary.
How to Raise Concerns About Relationship or Family Violence
If relationship or family violence has happened or is happening, it can be relevant to parenting decisions. Courts may consider patterns of control, threats, or harm, not just physical incidents.
Some ways people may raise these concerns in a family law case include:
- Telling a lawyer or legal clinic about safety concerns, including how they affect the child
- Filling out any required court forms that ask about family violence or safety risks
- Describing specific safety worries in an affidavit or statement, if required in the process
- Sharing safety information with duty counsel, family court support workers, or advocates, where available
Additional support options across Canada can be explored through resources listed at https://www.dv.support, which may help you connect with local services.
What Evidence Might Be Used
Courts usually rely on information that can be documented or explained clearly. Not every situation will have formal records, and lack of documents does not mean harm did not occur. Examples of information that may be considered include:
- Previous court orders, peace bonds, or protection orders
- Police occurrence reports or charge information, if they exist
- Medical notes or records showing injuries or stress, if available
- Notes from shelters, counsellors, or support workers, where they are able and permitted to provide them
- Texts, emails, social media messages, or recordings that show threats, harassment, or controlling behaviour (subject to local privacy and evidence rules)
- Witness statements from people who have seen or heard concerning behaviour
- Reports from child protection agencies, where they are involved
When Supervised Access May Be Considered
“Supervised access” or “supervised parenting time” means visits between a child and a parent take place with another adult present, or at a supervised access centre where available. This is usually seen as a safety measure, not a punishment.
Supervised parenting time may be considered when there are concerns such as:
- Risk of physical, emotional, or psychological harm to the child
- History of threats, intimidation, or coercive control
- Substance use or mental health issues that may affect safe parenting
- Concerns the child may be taken or not returned
- The child has witnessed violence between adults and needs a structured, monitored setting
Supervision can be:
- Professional: Visits at an access centre or with approved workers, where available in the region
- Non-professional: Visits monitored by a trusted person named in an order or agreement, if the court allows this
Talking About Safety in Parenting Discussions
If it feels safe enough, some people mention safety needs directly in parenting discussions or mediation, for example:
- Requesting exchanges of the child in a public place or through a third party
- Asking for no contact between adults during pick-up and drop-off
- Suggesting supervised access, at least for a time, where there are ongoing risks
- Asking that communication be limited to written messages for clarity and record-keeping
If it does not feel safe to raise these issues directly, it may be safer to speak first with a legal clinic, duty counsel, or a support worker who understands family violence and the family court process.