Protecting Your Children When There’s Family Violence
If you’re a parent who has separated (or is in the process of separating), then your children’s well-being will be your top priority. Discover how courts respond to family violence concerns and the measures used to safeguard children during separation and divorce. In Ontario, it will be the courts’ priority, too – especially if there has been violence in your family.
Both federal divorce law and Ontario Family law take a broad and child-focused approach to understanding the harmful behaviour that can occur in the family context, and how it affects children generally. On a more personal level, the Family justice system features many tools that helps protect your child specifically.
First, let’s start with the basics.
What is “Family Violence”?
You may hear the courts or your lawyer use the term “family violence” rather than “domestic violence.” This language is used in the federal Divorce Act, and is consistent with Ontario legislation, including both the Family Law Act and the Children’s Law Reform Act.
Family violence does not refer only to physical assault. It includes behaviours such as:
- Threats
- Intimidation
- Coercive or controlling conduct
- Emotional or psychological abuse
- Stalking
- Harassment
- Financial control, and
- Damage to property or pets
If your child has seen or heard violent or abusive behaviour between you and the other parent, the law recognizes that this exposure can be harmful – even if your child was never physically hurt.
Ontario courts understand that growing up in an environment of fear, instability, or ongoing conflict can seriously affect a child’s emotional security and development.
How Ontario Courts Decide What Is Best for Your Children
In Ontario, all parenting decisions are guided by one central question: What is in your child’s best interests? When family violence is involved, this question becomes especially important.
If violence is raised as an issue in your case, the court will look carefully at factors such as:
- Whether the violence was a one-time incident or part of an ongoing pattern
- How serious the behaviour was, and how often it occurred
- Whether your child was exposed to the violence (whether directly or indirectly)
- How the violence has affected your child’s emotional, psychological, or physical well-being
- Whether there is a risk of future violence
- Whether the responsible parent has acknowledged the behaviour or taken steps to address it
The court’s goal is not to punish the offending parent. Its role is to protect your child and reduce the risk of further harm.
Parenting Time When Family Violence Is a Concern
If family violence is an issue in your case, the court will often put safeguards in place to protect your child. Depending on the circumstances, this may include:
- Supervised parenting time with the culpable parent
- Limits on overnight visits
- Detailed parenting schedules designed to minimize conflict.
The court may also restrict how you and the other parent communicate with each other (such as requiring communication to occur only in writing or through a parenting app). Child exchanges may be ordered to take place in neutral or supervised locations.
It is important to know that shared or equal parenting is not automatic in Ontario. While courts generally support the principle that your child should have a meaningful relationship with both parents, this does not override safety concerns. If violence creates a risk to your child or to you, the court may decide that shared parenting is not in your child’s best interests.
Emergency Orders and Immediate Protection
If you believe your child is at immediate risk, Ontario family courts can make urgent or emergency orders. These may include:
- Restraining orders
- Exclusive possession of the family home
- Immediate changes to parenting arrangements.
These orders are often made quickly – sometimes even without notice to the other parent. They are designed to stabilize a dangerous situation until the court can hear more detailed evidence.
In some cases, police involvement, criminal charges, or child protection agencies may also be involved alongside the Family Court process.
Getting Legal and Community Support
Family violence cases are emotionally difficult and legally complex. If you are dealing with these issues, consider contacting our Fine & Associates Law Firm to receive early legal advice that will help you understand your options. We can also help you with gathering appropriate evidence, and putting safety-focused parenting arrangements in place.
Feel free to give our offices a Call or request a Free Consultation.