When a court makes a parenting order or a contact order under the Divorce Act, section 16 says the only consideration is the child's best interests. Family violence is one of the factors, and the child's safety is the primary consideration.
The Divorce Act is a federal statute. Parenting orders and contact orders under it are made in the course of a divorce. For parents who were never married, and for many cases that are not divorce cases, Ontario's Children's Law Reform Act is the statute. Its section 18 defines family violence in the same terms, and its section 24 sets out the same structure of best interests. This page cites the Divorce Act section numbers. The provincial counterparts are noted where the wording differs.
A child of the marriage is the Divorce Act's term. The Children's Law Reform Act speaks of a child and of parents. Using the right statute matters for jurisdiction and for forms. It does not mean family violence counts in one court and not the other.
Section 2 of the Divorce Act defines family violence as any conduct by a family member towards another family member that is violent or threatening, that constitutes a pattern of coercive and controlling behaviour, or that causes the other family member to fear for their own safety or for that of another person. In the case of a child, it includes direct or indirect exposure to such conduct. The conduct need not be a criminal offence. The definition includes physical abuse, including forced confinement, but not the use of reasonable force to protect oneself or another person; sexual abuse; threats to kill or cause bodily harm; harassment, including stalking; failure to provide the necessaries of life; psychological abuse; financial abuse; threats to kill or harm an animal or damage property; and killing or harming an animal or damaging property.
A pattern of coercive and controlling behaviour is discussed on the coercive control page. The family court can consider that pattern whether or not a criminal charge has been laid.
Section 16(1): the court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.
Section 16(2): the court shall give primary consideration to the child's physical, emotional and psychological safety, security and well-being.
Section 16(3) lists factors related to the child's circumstances. They include the child's needs given age and stage of development; relationships with each spouse, siblings, grandparents, and other important people; each spouse's willingness to support the child's relationship with the other spouse; the history of care; the child's views and preferences, given due weight to age and maturity unless they cannot be ascertained; culture, language, religion and spirituality, including Indigenous upbringing and heritage; plans for the child's care; the ability and willingness of each person to meet the child's needs; the ability and willingness to communicate and cooperate; family violence and its impact; and any civil or criminal proceeding, order, condition or measure that is relevant to the child's safety, security and well-being.
The family-violence factor, section 16(3)(j), points at two impacts in particular: the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and the appropriateness of an order that would require the people bound by it to cooperate on issues affecting the child.
When the court considers that impact, it shall take into account:
Section 16(5) says past conduct is not considered unless it is relevant to the exercise of decision-making responsibility, parenting time, or contact. Family violence is relevant conduct. Section 16(6) is the parenting-time principle explained in the questions below. It is not a presumption of equal time.
Parties have duties in a Divorce Act case, including exercising parenting time and decision-making in a manner consistent with the child's best interests, and protecting a child from conflict arising from the proceeding. Section 7.8 gives the court a duty aimed at identifying orders, undertakings, recognizances, agreements or measures that may conflict with an order under the Act, and at coordinating proceedings. Section 33.3 of the Children's Law Reform Act is the provincial counterpart. Criminal conditions, child-protection orders, and restraining orders belong in that picture.
Statutes on this page were checked against the Ontario e-Laws consolidations current to 28 October 2026. Where a later amendment is marked not in force, the page says so. The Divorce Act provisions described here have been in force since 1 March 2021.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
These pages describe Ontario family-law issues that often arise together when there is family violence. Each one is general information.
No. The Divorce Act applies to divorce proceedings and to parenting and contact orders made in that context, for a child of the marriage. Unmarried parents, and married spouses who are not proceeding under the Divorce Act, use the Children's Law Reform Act. Section 24 of that Act was rewritten in 2021 so the best-interests factors, including family violence, track section 16.
No. The definition says the conduct need not constitute a criminal offence. It includes a pattern of coercive and controlling behaviour, and conduct that causes a family member to fear for their safety or for another person's safety. A criminal charge is not a precondition.
The old maximum-contact principle was replaced. Section 16(6) says that in allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child. Time that is not consistent with safety is not required.
No. Section 16(4) tells the court which features of the violence to consider, including frequency, whether there is a pattern of coercive and controlling behaviour, whether the child was exposed, the harm or risk, and any steps taken to prevent further violence. The outcome depends on the evidence and on all of the best-interests factors. This page does not predict an order.
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