Family Violence Is an Explicit Factor
Ontario's Children's Law Reform Act specifically directs decision-makers to consider the impact of any family violence when working out parenting time and decision-making responsibility arrangements, as part of the broader best interests of the child test. This reflects a recognition that family violence isn't just a private conflict between adults — it can directly affect a child's safety and wellbeing, and the parent-child relationship itself.
What Can Generally Be Considered
The legislation generally directs attention to a range of considerations: the nature and severity of the violence, how recent and frequent it was, whether it was directed at the child or witnessed by the child, and any steps a parent has taken, such as treatment or counselling, since the violence occurred. This is generally a fact-specific, individualized analysis rather than a fixed formula, reflecting how differently family violence can present across different situations.
What This Can Generally Mean for an Arrangement
Depending on the specific facts, a history of family violence can generally factor into decisions about whether parenting time should be supervised, how decision-making responsibility is allocated (including whether joint decision-making is appropriate given the dynamic between the parents), and the practical structure of exchanges and communication, sometimes including a shift toward a more parallel parenting structure to minimize direct contact between the parents.
How This Differs From a Restraining Order
This general factor is distinct from, though it can overlap with, a specific restraining order or peace bond. A history of family violence can be relevant to a parenting arrangement even without a separate protective order in place, and conversely, a protective order's own terms address a different, more specific legal question. See our guide to restraining orders and peace bonds in Ontario family law for that related but separate topic.
Frequently Asked Questions
Does family violence automatically prevent a parent from having parenting time?
Not automatically — the analysis is generally fact-specific, considering the nature, severity, and recency of the violence, among other factors, rather than applying a blanket rule.
Does a history of family violence need to involve the child directly to be relevant?
No, generally — violence a child witnessed, even if not directed at them, can still be relevant to the analysis, since it can affect the child's wellbeing and sense of safety.
Can decision-making responsibility be affected by family violence?
Yes, generally — it can be relevant to whether joint decision-making is workable or appropriate, given the dynamic and communication challenges between the parents.
Is this the same as getting a restraining order?
No, they're related but distinct. A restraining order is a specific protective legal order; family violence as a best-interests factor is a broader consideration in parenting decisions generally, whether or not a protective order exists.
What if I'm currently unsafe and need help right away?
If you're in immediate danger, please see our Urgent Help page and consider contacting emergency services — this general information isn't a substitute for urgent help.