Custody and Domestic Violence in Ontario

Family violence is not a side issue in Ontario custody cases — it's a dominant statutory factor. The 2021 amendments to the Divorce Act and the Children's Law Reform Act made this explicit: courts must consider the nature, severity, and pattern of any family violence when determining parenting arrangements.

If you're leaving a violent relationship and worried about what happens with custody, the law is structured to protect you and your children. But the protections depend on documentation, disclosure, and understanding how the system works.

How Ontario Law Defines Family Violence

The Divorce Act defines family violence broadly. It includes:

• Physical abuse (hitting, pushing, restraining, choking)
• Sexual abuse
• Threats of physical or sexual violence
• Harassment and stalking
• Psychological and emotional abuse
• Financial abuse (controlling access to money, preventing employment)
• Damage to property or killing/harming pets
• Coercive and controlling behaviour — a pattern of conduct designed to dominate, isolate, or intimidate

The last category is significant. Ontario courts no longer look only at discrete incidents of physical violence. A pattern of coercive control — monitoring movements, isolating a partner from family and friends, controlling finances, dictating clothing choices, weaponizing immigration status — is explicitly recognized as family violence even without a single physical assault.

The CLRA uses consistent definitions under Section 18, aligning with the federal framework.

What Judges Must Consider

When family violence is raised in a parenting dispute, Ontario courts evaluate:

1. Whether the violence is directed at the child or whether the child is exposed to violence between parents — both matter. Children who witness domestic violence suffer measurable psychological harm even when they are never directly targeted.

2. Whether there is a pattern of coercive and controlling behaviour — isolated incidents are treated differently from sustained campaigns of control. A single argument that escalated physically is weighed differently from years of financial manipulation, surveillance, and isolation.

3. The physical, emotional, and psychological harm caused to the child — including fear, hypervigilance, regression, anxiety, and disrupted attachment.

4. Whether the violence affects the ability of the violent person to care for the child — a parent who controls and terrorizes their partner may also exercise authoritarian, fear-based parenting.

5. Whether the violent person has taken steps to address their behaviour — completion of a recognized intervention program, sustained compliance with a peace bond, and consistent non-violent behaviour over time can be mitigating factors.

Safety Provisions in Parenting Orders

Ontario courts have several tools to protect children and the victimized parent:

Supervised parenting time — the violent parent sees the child only at a Supervised Access Centre or with an approved supervisor present. Ontario has a network of government-funded Supervised Access Programs across the province. These centres provide neutral, safe environments for parent-child contact with trained staff monitoring every interaction.

No-contact provisions — the order prohibits direct communication between parents. All logistics happen through a co-parenting app, a mutual family member, or the Supervised Access Centre staff.

Restricted exchange locations — pickup and drop-off happens at a police station, public library, or the child's school — never at either parent's home.

Geographic restrictions — the violent parent may be prohibited from coming within a defined radius of the other parent's home, workplace, or the child's school.

Sole decision-making responsibility — in cases involving serious violence or coercive control, courts frequently award sole decision-making to the victimized parent. Joint decision-making requires a level of cooperation and communication that is impossible when one parent uses every interaction as an opportunity for control.

Restraining Orders and Peace Bonds

A restraining order under the Family Law Act (Section 46) prohibits the abusive partner from contacting, following, or harassing the applicant and any children in their care. It can be obtained on an emergency (ex parte) basis — meaning the judge can issue it without the other party present if there's an immediate risk.

A peace bond under Section 810 of the Criminal Code is a separate tool, available through the criminal courts, that requires the threatening party to keep the peace and comply with specific conditions (no contact, no weapons, stay away from certain locations).

Neither a restraining order nor a peace bond automatically determines custody. But both are evidence that the court considers when evaluating the best interests of the child.

Documenting Family Violence

If you're experiencing family violence and anticipating a custody dispute, documentation is critical:

• Police reports — even if no charges are laid, a police occurrence number creates an official record
• Medical records — emergency room visits, doctor's notes documenting injuries or psychological symptoms
• Text messages and emails — threatening, controlling, or harassing communications
• Photos — of injuries, damaged property, or evidence of surveillance
• Witness statements — from family members, friends, or neighbours who observed the violence
• Children's Aid Society involvement — if CAS has investigated, their records are relevant evidence

Store this documentation in a location your partner cannot access — a trusted friend's home, a safety deposit box, or a secure digital service with a password your partner doesn't know.

Getting Immediate Help

If you or your children are in immediate danger, call 911. Ontario also has these resources:

• Assaulted Women's Helpline: 1-866-863-0511 (24/7, multilingual)
• Victim Support Line: 1-888-579-2888
• Legal Aid Ontario: 1-800-668-8258 (may provide a lawyer for family court matters involving violence)

Planning Your Parenting Arrangement

The Ontario Child Custody & Parenting Plan Guide addresses safety planning within the parenting framework — including supervised access provisions, restricted communication protocols, and how to structure a parenting plan that protects both you and your children while preserving the child's relationship with the other parent where it is safe to do so.

See more Ontario guides →