TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Family/How does coercive control get…
Family

How does coercive control get factored into a parenting time decision under the 2021 Divorce Act changes?

TSL Written by the Treadstone Law team· Updated August 2026

Since 2021, the Divorce Act contains an explicit definition of family violence that goes well beyond physical harm — it expressly includes a pattern of coercive and controlling behaviour, along with psychological and financial abuse, and states that a single act or an ongoing pattern of conduct can both qualify. Family violence, including coercive control, is a named factor a court must consider in deciding what's in a child's best interests when making parenting time and decision-making responsibility orders.

A court looks at how the coercive control affects the child directly or indirectly, including its impact on the other parent's ability to safely and effectively co-parent, and any risk it poses going forward — it isn't treated as a side issue but as directly relevant to the parenting arrangement itself. This can affect the amount and structure of parenting time, whether exchanges need to be supervised, and how decision-making responsibility is allocated. Because coercive control is usually proven through a pattern of behaviour rather than one dramatic incident, courts weigh accumulated evidence rather than looking for a single triggering event.

Key takeaways

  • The Divorce Act's family violence definition expressly includes coercive and controlling behaviour.
  • Family violence is a named best-interests factor for parenting time and decision-making responsibility.
  • Courts look at the pattern's effect on the child and on safe co-parenting, not just physical harm.
  • Coercive control is usually proven through a pattern of evidence, not a single incident.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →