Family Violence and Parenting Arrangements in British Columbia

If you have experienced abuse from the other parent, you may worry that the law will force you to cooperate, share decisions, or hand your child over without protection. British Columbia's family law treats safety as central to every parenting decision.

This article explains how family violence is defined, how it affects parenting orders and decision-making, and what tools a court has. It does not replace advice from a lawyer, and it is not an emergency resource.

This article covers the law of British Columbia.

What counts as family violence

The Family Law Act defines family violence to include, with or without intent to harm:

• physical abuse, including forced confinement, and sexual abuse, or attempts at either
• psychological or emotional abuse, such as intimidation, harassment, coercion, threats and stalking
• unreasonable restrictions on financial or personal autonomy, and intentional property damage
• a child's direct or indirect exposure to family violence

This means violence is not limited to physical harm, and a child does not have to be the direct target for it to matter.

How it affects the best interests of the child

Parenting arrangements are decided on the best interests of the child only. An arrangement is not in the child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.

The factors the court considers include the impact of family violence on the child's safety, security or well-being, whether the violent person can care for the child, whether cooperation between guardians is appropriate, and any civil or criminal proceeding relevant to the child's safety.

When assessing violence, the court must consider:

• its nature and seriousness, and how recently and how frequently it occurred
• whether psychological or emotional abuse forms a pattern of coercive and controlling behaviour
• whether it was directed at the child or the child was exposed to it, and the harm to the child
• steps taken to prevent further violence

Decision-making and parenting time

Unless an agreement or order says otherwise, each guardian may exercise all parental responsibilities after consulting the other guardians, unless consultation would be unreasonable or inappropriate. Responsibilities can also be allocated to certain guardians only, exercised separately or together.

The Act does not presume equal parenting time or joint decision-making. A court may require supervision of parenting time or transfers by a named person. An agreement that is not in the child's best interests can be set aside or replaced on application.

A guardian's denial of parenting time is not wrongful if the guardian reasonably believed the child might suffer family violence. Other exceptions include a reasonable belief that the applicant was impaired by drugs or alcohol, or circumstances the court finds sufficient. This is a serious step, and getting advice first is wise.

Protection, evidence and support for the child

How a protection order fits with your parenting arrangements depends on your situation, so it is worth confirming with a lawyer. A victim support service can also explain your options.

For the parenting case itself, the court has several tools. The court may appoint a person to assess the child's needs, the child's views, or a party's ability and willingness to meet the child's needs. The court may appoint a lawyer for the child if conflict between the parties significantly impairs their capacity to act in the child's best interests and the appointment is necessary to protect those interests. Having regard to the child's best interests, the court may also admit reliable hearsay evidence from an absent child or give other directions about how the child's evidence is received.

If you are planning to relocate and giving notice would risk family violence, the court may exempt you from the 60 days' written notice.

A parenting order can be changed, suspended or terminated if the child's needs or circumstances have changed.

What to do next

• Make a safety plan and get help if you or your child are in danger.
• Keep dated notes, messages and records of incidents.
• Do not sign a parenting agreement before you have had legal advice.
• Ask a lawyer how a protection order, if relevant, fits with a parenting order.
• Tell your lawyer about any police or court proceedings involving either parent.

Frequently asked questions