Family Violence Allegations in Alberta Parenting Disputes

Family violence can fundamentally affect how parenting arrangements are assessed. In Alberta parenting disputes, the court's focus is not on punishing either parent. The central question is whether the proposed parenting arrangement is consistent with the best interests and safety of the child.

The legal framework

For married or divorcing parents, the federal Divorce Act governs parenting orders. For unmarried parents, Alberta's Family Law Act applies. Both require the court to give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being.

Both statutes specifically list family violence as a factor in the best-interests analysis. The Divorce Act defines family violence broadly — it is not limited to physical assault and can include psychological abuse, financial abuse, threats, harassment, and a pattern of coercive and controlling behaviour.

What the court considers

When family violence is alleged, the court may consider, among other things:

• The nature, seriousness, and frequency of the violence, and when it occurred;
• Whether there is a pattern of coercive and controlling behaviour;
• Whether the violence was directed at the child, or whether the child was exposed to it;
• The physical, emotional, and psychological harm or risk of harm to the child;
• Any compromise to the safety of the child or other family members;
• Steps the person who engaged in the violence has taken to prevent further violence and improve their parenting; and
• Whether the parents can safely cooperate on matters affecting the child.

Evidence matters

Allegations of family violence require careful consideration of the evidence, the impact on the child, and whether parenting arrangements can operate safely. Possible outcomes range from ordinary shared arrangements to supervised parenting time, supervised exchanges, communication restrictions, or limits on decision-making.

If you are concerned about your safety or your child's safety, call 911 in an emergency. For parenting disputes involving family violence, speak with our team about the options available.