How Does Family Violence Affect Property Division and Custody?

FAQs

How Does Family Violence Impact the Division of Property or Custody Arrangements in BC?

In British Columbia, family violence significantly influences custody arrangements (parenting time and parental responsibilities) and may also affect the division of property. Under the Family Law Act (FLA), the primary concern in family law matters involving children is the best interests of the child, which explicitly includes consideration of family violence. While property division is generally not directly affected by family violence, it may influence decisions if abuse impacts a spouse’s financial or emotional well-being.

Impact on Custody Arrangements

Best Interests of the Child

  • Courts prioritize the safety and well-being of the child when making decisions about parenting arrangements.
  • Family violence, whether directed at the child or another family member, is a critical factor in determining what arrangements are in the child's best interests.

Parenting Time and Responsibilities

  • A parent with a history of violence may have limited or supervised parenting time.
  • Courts may assign decision-making responsibilities to the non-abusive parent to protect the child.

Safety Measures

  • Orders may include restrictions, such as no-contact provisions, supervised visitation, or conditions to ensure the child’s safety.

Evidence of Family Violence

The court considers the nature, severity, and impact of the violence, including:

  • Physical harm or threats
  • Emotional or psychological abuse
  • Financial control or coercion

Parental Alienation Allegations

  • Claims of family violence are carefully scrutinized to distinguish genuine concerns from attempts to alienate a parent.

Impact on Division of Property

Equal Division Rule

  • Family property and debts are generally divided equally under the FLA, regardless of fault or behavior during the relationship.
  • However, exceptions may apply if one party’s abusive behavior caused significant financial harm.

Unequal Division Claims

A victim of abuse may seek an unequal division of property if the abuser:

  • Recklessly depleted family assets (e.g., gambling, substance abuse, or destructive behavior)
  • Incurred debts or financial obligations without the victim's consent or knowledge

Impact of Financial Abuse

    • If family violence includes financial control or coercion, the court may take this into account when assessing the fairness of property division.

Example in a Vancouver Context

A couple in Vancouver separates after the husband exhibits controlling and physically abusive behavior. The wife seeks sole decision-making responsibilities for their child, citing the husband’s violence as a risk to the child’s safety. The court awards her sole custody and limited supervised parenting time to the husband. In the division of property, the court considers the husband’s reckless depletion of family savings and grants the wife a larger share of the remaining assets.

Steps to Protect Yourself Legally

1. Document the Violence

  • Keep detailed records of incidents, including dates, descriptions, and any evidence (e.g., photos, messages, or police reports).

2. Seek a Protection Order

  • Apply for a court order to safeguard yourself and your children from the abusive party.

3. Engage a Lawyer

  • Work with a family lawyer to ensure that your legal arguments address the impact of family violence on custody or property issues.

4. Request Supervised Visitation

  • If necessary, request supervised parenting time to protect the child from potential harm.

Seek Legal Assistance

If family violence is impacting your custody arrangements or property division, consult Mills Family Law, experienced Vancouver family lawyers, to guide you through the legal process and protect your rights and safety. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more information, refer to the BC Family Law Act.

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