Courts in British Columbia are especially likely to play a major role in determining custody in cases where there are allegations of domestic violence by one or both parents. 

In recent years, courts in BC have moved away from the ‘mother-as-default’ approach to a more balanced approach that considers both parents’ claims. 

The underlying logic of these changing approaches remains the same: what will be in the child’s best interest? 

Allegations of domestic assault – whether substantiated or not – are critical to determining what that best interest will be.

BC’s Family Law Act

BC’s Family Law Act takes a clear stance on family violence, defining it broadly to include not just physical harm but also emotional, psychological, and financial abuse. 

The court looks at the seriousness and frequency of violent incidents, as well as whether the child was exposed to or affected by this violence. 

If the court determines that a parent has committed acts of violence, it is likely to restrict that parent’s involvement in the child’s life to some degree.

Violence witnessed by a child can be just as harmful as violence directed toward them, and courts often respond accordingly. The well-being of the child, particularly their emotional and psychological safety, is paramount.

How Domestic Assault Allegations Impact Custody Decisions

When domestic assault allegations arise, the court’s primary concern is the safety and welfare of the child. 

BC courts will examine whether the child was exposed to violence or if they could be at risk in the future. 

In cases where allegations are substantiated, the parent responsible for the violence may face a reduction in parenting time or, in extreme cases, the loss of custody rights altogether.

The non-violent parent – whom the court might well perceive to be the safer parent for the child – will be favoured in terms of parenting time, particularly if the violence has occurred in the child’s presence.

But even when violence is involved, the courts will seek to ensure the child sees both parents if it is in the child’s interests to do so. 

Courts can order protective measures such as supervised visitation and/or anger management for the parent who has been violent.

Why You Need an Experienced Domestic Assault Defence Lawyer 

The stakes are incredibly high in domestic assault cases and child custody, with the results of either infringing on the rights of a parent or affecting the life of a child. 

A familial dispute case relating to family violence or child custody is a complicated process that requires an experienced domestic violence defence lawyer to navigate through the complex legal landscape of family violence and child custody disputes. 

For example, a good lawyer can build a convincing argument toward either proving or defending against an allegation of family violence, custody abuse, or a parental alienation claim. Or, they can help to achieve custody arrangements that benefit the child. 

Ultimately, the lawyer protects the client’s interests and ensures the best outcome for the client’s relationship with their child and any legal matters at hand.

Contact Steele Law now to seek the guidance of one of BC’s top domestic violence defence lawyers.