Custody and Domestic Violence in Nunavut: Protection Orders and Parenting

Family violence fundamentally changes how the Nunavut Court of Justice evaluates custody and parenting arrangements. Under Section 16(3) of the Divorce Act, the court must treat the child's physical, emotional, and psychological safety as the primary consideration — above all other best-interests factors. Proven family violence heavily disfavours shared parenting and typically results in supervised parenting time or restricted contact for the abusive parent.

The Family Abuse Intervention Act (FAIA)

Nunavut's territorial Family Abuse Intervention Act provides two civil protection mechanisms that do not require a lawyer:

Emergency Protection Orders (EPOs) can be obtained outside court hours from a Justice of the Peace. An EPO can grant you exclusive possession of the family home, order the abuser to stay away from you and the children, and prohibit contact. EPOs are temporary — typically lasting up to 90 days — and must be reviewed by a judge.

Community Intervention Orders (CIOs) are a longer-term measure that can include conditions about residency, contact restrictions, and mandatory counselling. These are obtained through the Nunavut Court of Justice.

Critically, FAIA applications do not require a lawyer. Self-represented parents can navigate the process directly, which matters in a territory where legal representation is scarce and expensive.

How Violence Affects the Best-Interests Analysis

When family violence is raised in a custody proceeding, the court evaluates:

• The nature, frequency, and severity of the violence
• Whether the abuse was directed at the child, at the other parent in the child's presence, or at family members
• Whether the abusive parent's behaviour compromises their capacity to safely care for the child
• Whether there is a pattern of coercive and controlling behaviour
• Any steps the abusive parent has taken to address the behaviour (counselling, treatment programs)

The court does not balance violence against other positive parenting qualities. Safety is the threshold question — if the court finds that a parent poses a risk to the child, that concern overrides considerations like the parent's emotional bond with the child or their financial resources.

Impact on Parenting Arrangements

When violence is established, the court's orders typically include:

Supervised parenting time. Because Nunavut has no professionally staffed supervised access centres, the court designates a trusted community member — a family elder, relative, or friend — to be physically present during all contact between the abusive parent and the child.

Restricted or no contact. In severe cases, the court may prohibit contact entirely until the abusive parent demonstrates meaningful change through sustained participation in treatment programs.

Safe exchange protocols. When parenting time is permitted, the court orders structured handovers at neutral locations with staggered arrival times to prevent confrontation between parents.

No decision-making responsibility. The abusive parent is unlikely to receive joint or sole decision-making responsibility. Major decisions about the child's health, education, and welfare are allocated to the non-abusive parent.

Child Protection Overlay

The Child and Family Services Act adds another layer. If child protection workers determine that a child is at risk — whether from direct abuse, exposure to domestic violence, or neglect — they can intervene with safety plans, plan-of-care agreements, or apprehension. Parents involved in both a custody dispute and a child protection investigation face two parallel legal processes with different decision-makers.

Getting Help

If you or your children are in immediate danger, call the RCMP. For longer-term support:

• Family Mediation Program — shuttle mediation is available for cases involving power imbalances, so parents never need face-to-face contact
• Community Justice Outreach Workers — local facilitators in smaller hamlets who connect families with intervention resources
• Legal Services Board regional clinics — legal aid may cover FAIA applications and custody matters involving violence

For worksheets to document safety concerns and design a supervised parenting plan — including the informal supervision protocol and safe exchange checklist — see the Nunavut Child Custody & Parenting Plan Guide.

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