What Happens to Parenting Time in Family Violence Cases?

What Happens to Custody and Parenting Time in Cases of Family Violence?

In British Columbia, custody (parenting responsibilities) and parenting time in cases of family violence are determined under the Family Law Act (FLA), with the best interests of the child as the paramount consideration. Family violence significantly impacts these decisions, as the court prioritizes the safety and well-being of the child and any family member exposed to violence.

Key Considerations in Custody and Parenting Decisions

1. Definition of Family Violence

Under the FLA, family violence includes:

• Physical abuse
• Sexual abuse
• Emotional or psychological abuse
• Financial control or coercion
• Threats or actions that cause fear for safety

Courts consider violence directed at the child or any other family member.

2. Best Interests of the Child

Parenting arrangements must serve the child’s best interests, which include:

• The child’s physical and emotional safety.
• The impact of family violence on the child.
• The ability of each parent to meet the child’s needs.

4. Safety as a Priority

If one parent poses a risk of harm, the court may:

• Restrict or deny parenting time.
• Require supervised visits.
• Prohibit contact with the child altogether.

5. Impact of Violence on Parenting

• A history of violence affects how the court evaluates a parent’s fitness to make decisions or spend time with the child.

Parenting Arrangements in Cases of Family Violence

Supervised Parenting Time

• Parenting time may be allowed under supervision by a neutral third party or professional to ensure the child’s safety.

No Parenting Time

• In severe cases, the court may deny parenting time if the abusive parent poses an ongoing danger to the child.

Decision-Making Responsibilities

• Courts may assign decision-making responsibilities (e.g., education, health care) exclusively to the non-abusive parent.

No-Contact Orders

• The court can issue no-contact orders, prohibiting the abusive parent from contacting the child or the other parent directly or indirectly.

Parenting Plans

• Customized plans may be developed to minimize interaction between the parents and reduce the risk of further harm.

Evidence Courts Consider

To determine parenting arrangements in cases involving family violence, courts assess:

• Police reports or criminal convictions.
• Protection orders or restraining orders.
• Witness testimony or affidavits.
• Medical or counseling records showing the impact of violence.
• Any history of child abuse or neglect.

Example in a Vancouver Context

A Vancouver mother seeks sole custody of her child after her ex-partner exhibits threatening behavior and emotional abuse. The court reviews evidence, including police reports and a protection order, and decides:

1. The mother will have sole decision-making responsibilities.
2. The father’s parenting time will be supervised at a neutral facility.
3. Communication between the parents will be limited to a monitored parenting app to ensure safety.

Steps to Protect Your Child

Seek Legal Assistance

If family violence is affecting custody or parenting time, contact Mills Family Law, experienced Vancouver family lawyers, to protect your rights and ensure your child’s safety. We can guide you through the legal process and help secure appropriate parenting arrangements. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

• How do I get a protection order if I am experiencing family violence?
• Can I file for divorce if I am in an abusive relationship?

For more details, refer to the BC Family Law Act or consult a lawyer for personalized advice.