Domestic Violence and Parenting Time in Ontario Courts

If you have experienced abuse from the other parent, you may be asking two things at once: how do I keep myself and my child safe, and will this affect who makes decisions and how much time each parent has? Both questions are fair, and the court process has some tools for them.

This article explains in general terms how family violence fits into Ontario parenting decisions. It is not legal advice. If you are in immediate danger, call police first, and speak with a lawyer or a support service about your own situation.

How the court looks at family violence

Under the Divorce Act, the court considers only the child's best interests and must give primary consideration to the child's physical, emotional and psychological safety, security and well-being. The list of best-interests factors includes any family violence, as well as any relevant civil or criminal proceedings.

The same factor list asks about each person's ability and willingness to care for the child and to communicate and cooperate. Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act. The provincial rules largely follow the same approach, but it is worth confirming how they apply to you.

Effect on decision-making and parenting time

Decision-making responsibility, or any part of it, can be given to either parent, to both, or in a combination. In a divided arrangement, each parent decides different areas, for example one decides health and religion and the other decides education. Which arrangement suits a family depends on the facts, including whether the parents can communicate safely.

On parenting time, the court must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. The Act sets no presumption of a particular schedule. A court may refuse a parent parenting time if there is a fear that the parent may harm the children, harm the parent with decision-making responsibility, or not return the children.

Unless the court orders otherwise, the person exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. A parent with parenting time or decision-making responsibility may also request information about the child's well-being, including health and education information, unless the court orders otherwise.

Protections a parenting order can include

A parenting order may set requirements for communication between the parties and may provide for any other matter the court considers appropriate. It may impose any terms, conditions or restrictions the court considers appropriate, and may be made for a definite or indefinite period or until a specified event.

• Supervised parenting time, or supervised transfers of the child between parents.
• Requirements for communication between the parents.
• A ban on removing the child from a specified area without written consent or a court order.
• Video or phone contact or other tailored conditions.

No schedule or condition is automatic. Courts decide these terms case by case, so treat them as options a judge may consider, not entitlements.

Supervised time and urgent steps

Supervised parenting time can be arranged where there are safety concerns. The supervisor may be a friend or relative both parents agree on, a paid professional, or trained staff at a Supervised Access Centre. Ontario's Supervised Access Program provides places where visits and exchanges happen under the supervision of trained staff and volunteers, with on-site and virtual options. Availability and waitlists vary by region.

Normally a party must attend at least one case conference before bringing a motion for a temporary order, but that does not apply in cases of urgency, for example where you or your child's safety is at immediate risk, or hardship. The Ontario Court of Justice recognises urgent motions with notice and emergency or urgent motions without notice. Motions without notice are allowed only in very limited or emergency situations, and the case must return to court within 14 days after such an order. In the Superior Court, urgent motions are heard virtually unless the court orders otherwise.

Moving and notice rules

Relocation under the Divorce Act normally requires notice at least 60 days before the expected move. The court may waive or modify the notice requirements, including where there is a risk of family violence. If you are thinking of moving for safety reasons, speak with a lawyer before you go so the steps are handled correctly.

What to do next

• If anyone is in immediate danger, call police.
• Write down dates and details of incidents while they are fresh.
• Keep copies of messages, medical records and any police or court paperwork.
• Ask a lawyer whether your situation qualifies as urgent.
• Ask about supervised options in your area.
• Think about how future exchanges and communication could be made safer.

Frequently asked questions