WEBVTT

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Does family violence affect

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parenting arrangements?

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Yes.

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Under Canada's Divorce Act,

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courts must consider it, giving

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primary importance to the

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child's physical, emotional and

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psychological safety, security

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and well-being.

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The question is what

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arrangement protects and meets

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this child's needs.

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Family violence is wider than

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an assault.

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It can include threats,

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stalking, psychological or

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financial abuse, and a pattern

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of coercive control.

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The conduct does not need to be

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a criminal offence.

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A child's direct or indirect

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exposure also counts.

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The definition excludes

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reasonable physical force used

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to protect yourself or another

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person.

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Imagine handovers are used to

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threaten a parent, while a

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child sees the fear afterwards.

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Saying the child was never hit

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does not end the inquiry.

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The Supreme Court has explained

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that violence toward a parent

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can affect children and

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parenting ability.

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Tell your lawyer about the

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pattern, the child's exposure

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and the practical safety

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concerns.

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The court considers the nature,

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seriousness, frequency, and

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timing of the violence.

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It looks at coercive control,

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harm or risk of harm, fear, and

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steps taken to prevent further

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violence.

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It also examines the ability to

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care for the child and whether

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requiring the adults to

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cooperate would be appropriate.

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Ongoing fear can make joint

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decision-making unsafe.

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Separate two questions, who

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provides day-to-day care, and

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who makes significant decisions

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about health, education and

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other major issues.

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Under the Divorce Act, there is

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no automatic 50-50 schedule.

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Time with each parent must be

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consistent with the child's

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best interests.

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The court assesses the evidence

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and circumstances, a label or

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an allegation does not decide

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the outcome by itself.

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Depending on the evidence and

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risks, the court can require

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supervised parenting time or

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supervised transfers.

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It can allocate major decisions

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to one person and impose

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appropriate conditions.

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Parenting time may need

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restriction where the child's

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best interests require it.

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Tell the lawyer or mediator

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about violence before

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negotiating.

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The duty to try family dispute

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resolution applies only where

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appropriate.

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Your own account can be

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evidence.

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If safe, preserve original

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messages, a dated factual

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account, photographs and

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relevant medical or police

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records.

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Violence often happens

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privately, do not assume there

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must be a criminal conviction

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or an independent witness.

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Explain what happened and how

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it affects the child.

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If allegations are made against

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you, respond with evidence

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through the proper legal

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process.

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The Divorce Act applies to

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parenting in divorce

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proceedings.

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Provincial law governs many

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other separations.

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Ontario's Children's Law Reform

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Act and British Columbia's

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Family Law Act also require

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family violence to be

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considered, under their own

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rules.

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Show your lawyer every

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parenting, protection, criminal

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and child protection order.

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A parenting order does not

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automatically cancel a criminal

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no-contact condition.

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If danger is immediate, seek

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emergency help.

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Otherwise, get prompt advice

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about a safety plan, urgent

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interim arrangements and any

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necessary change to an existing

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order.

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Keep children out of adult

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conflict and do not use them as

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messengers.

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The practical goal is a

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workable arrangement that

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protects the child and

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addresses the actual risk.

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For free general legal

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information, Legal Hotline's

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Canada number is on your screen

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now.

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Legal Hotline is not a law

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firm.

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Its information line uses AI.

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Lawyer matching is a separate

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service, subject to

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availability and acceptance.

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For advice on your own

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situation, speak with a lawyer

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in your province.

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In immediate danger, contact

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emergency services.