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 FAQs
Family Violence
My ex-spouse has parenting time and is constantly harassing me. What can I do?
You may ask the court to order that your ex-spouse pick up and drop off the children at a neutral, safe location – such as a grandparent’s house or a social service agency. You also may be able to use legal remedies such as a restraining order, a peace bond, or criminal harassment charges to protect yourself from phone calls and other unwanted contact.
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I’ve heard that when a person leaves an abusive situation, it is a good idea not to “set their partner off” by asking for parenting time or child support.
While it is true that many abused people are willing to walk away without child support, a share of property or any formal agreement about parenting arrangements, this should only be a temporary solution. Many people think that if the parent doesn’t ask for child support, it will end the partner’s right to be in the children’s lives. But, child support is the entitlement of the child and courts will want to be sure that the parent with parenting time is contributing.
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If a parent leaves an abusive partner, will the Court ever give the abuser decision making responsibility or parenting time to the children?
Generally, courts have only considered spousal abuse relevant if it can be shown to impact a person’s parenting ability. Changes to the Divorce Act and the Family Law Act in 2020 direct courts to consider family violence as an important factor to be considered when deciding what is in the best interest of a child. When spousal abuse is present, courts may decide that joint parenting time or decision making responsibility is not appropriate to reduce contact and potential conflict between the parties.
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If one spouse leaves the home, will they lose all rights to a share of the property? If they leave the children behind will they be able to ask for a parenting order?
The Court does not expect a person to stay in an abusive relationship, and the law does not require separated couples to continue living together. A legally married person can leave, for whatever reason, and it does not impact on the equal division of the marital property. However, once divorced, there are only 60 days to ask the court to divide the property. As well, leaving the home without the children does not interfere with the right to apply for a parenting order.
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What might happen if an abused person with children ends the violence by taking the children and running away where the abuser can’t find them?
Because separation is often a dangerous time, it may be best to leave without telling the parent ahead of time. Seeking temporary shelter to explore options is often necessary. But running away and hiding forever may cause other legal problems. They will need to deal with all their family law issues as soon as possible by getting legal advice and possibly going to court.
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Can an abusive spouse stop the other spouse from getting a divorce?
Either spouse can get a divorce even if one does not want it. The most common way is to live separate and apart for one year. However, a judge may not permit the divorce until formal parenting and support orders are in place.
If one partner contests the divorce, then both spouses will need separate legal advice. Reasons a person can contest a divorce include a dispute around the division of property or the parenting of children. A person cannot contest a divorce simply because they want to remain married.
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When my partner is convicted of a crime will the judge settle our family law issues at sentencing?
Criminal courts hear criminal cases. Family law issues are heard in a different court so the judge sentencing someone convicted of an offence – even one that was of a domestic nature - will not handle family law issues. The victim will have to take steps to deal with things like decision making responsibility and support in family court.
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