New Law360 Article Examines the Growing Role of Coercive Control in Family Law
At Fine & Associates, we are committed to helping clients understand how developments in family law can affect their rights and legal options.
We are pleased to share that our latest article, “The Coercive Control Lens: A New Framework for Family Law Decision-Making,” by Lorne Fine and Daniel Dominitz, has been published by Law360 Canada.
A Significant Shift in Family Law
Historically, courts often examined incidents of family violence individually. Increasingly, however, Canadian courts are recognizing that abuse may consist of a broader pattern of behaviour designed to dominate, isolate or control another person.
The article explores how the Supreme Court of Canada’s decision in Ahluwalia v. Ahluwalia has reinforced the importance of considering coercive control as part of the legal analysis in family law matters. Rather than focusing solely on isolated events, courts are increasingly examining the overall pattern of conduct within a relationship when assessing issues such as parenting arrangements, credibility, remedies and even procedural decisions.
Why This Matters
Understanding coercive control has become increasingly important in family law because it can influence how courts evaluate evidence and determine appropriate outcomes.
As discussed in the article, recent decisions suggest that coercive control may affect:
- Parenting and decision-making arrangements
- The assessment of credibility
- Protective remedies, including restraining orders
- Urgent court motions and procedural decisions
- How family lawyers investigate and present evidence in cases involving intimate partner violence
These developments reflect an evolving legal framework that looks beyond individual incidents to better understand the dynamics of a relationship.
Read the Full Article
For a more detailed discussion of these emerging legal principles and the recent case law shaping this area of family law, we invite you to read the full article published by Law360 Canada.
Read: The Coercive Control Lens: A New Framework for Family Law Decision-Making