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Does a history of domestic violence affect parenting time in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, significantly. Under the federal Divorce Act, family violence is a mandatory consideration in the best interests analysis. Courts must assess the nature and severity of the violence, whether it was directed at the child or at another family member, the ongoing risk posed, and any steps the parent has taken to address the behaviour (such as completing a program).

Violence between partners affects parenting time even when the child was not the direct target. Witnessing violence is harmful to children, and courts take that seriously. In cases involving serious or recent violence, a court may order supervised parenting time, require completion of specific programs before unsupervised access, restrict the type of exchanges (e.g., exchanges must happen at a neutral location or through a third party), or in extreme cases, suspend parenting time.

A protective parent should document incidents, preserve evidence (police reports, medical records, court records from any criminal proceedings), and raise their concerns formally in family court proceedings. If there is an immediate safety risk, urgent court relief is available.

Key takeaways

  • Family violence is a mandatory factor courts must consider under the Divorce Act.
  • Violence between parents still affects parenting time even if the child was not directly harmed.
  • Courts can order supervision, program completion, or neutral exchanges.
  • Document incidents and raise them formally in family court.
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.
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