When there is family violence, a court can be asked to make a temporary parenting order before a case conference if the urgency test is met. The test for the order itself is the child's best interests, with safety as the primary consideration.
On 1 March 2021, both the federal Divorce Act and Ontario's Children's Law Reform Act replaced custody and access, for parenting cases, with decision-making responsibility and parenting time. Decision-making responsibility means significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. Parenting time is the time a child is in a parent's care, whether or not the child is physically with that parent during that time.
A parenting order under section 16.1 of the Divorce Act, or under section 28 of the Children's Law Reform Act, can allocate those responsibilities, set a schedule, and include terms about exchanges, communication, and supervision. An interim order can be made while the case is underway. The best-interests analysis applies to interim orders. Section 24(7) of the Children's Law Reform Act says so expressly for that Act.
The court shall take into account only the child's best interests. In doing that, it shall give primary consideration to the child's physical, emotional and psychological safety, security and well-being. That is section 16(2) of the Divorce Act and section 24(2) of the Children's Law Reform Act.
Family violence is a required factor. It includes its impact on the ability of the person who engaged in it to care for the child, and on whether an order requiring the adults to cooperate is appropriate. Criminal orders and conditions are also a required factor. The full lists are on the Divorce Act page. The Children's Law Reform Act section 24 factors are parallel, using parent where the Divorce Act uses spouse.
Past conduct is not considered unless it is relevant to the person's ability to parent. Family violence is relevant. A request for an emergency order still has to meet the urgency rules if it is brought before a case conference.
Depending on the evidence, a court can be asked for interim decision-making to one parent, a defined parenting schedule, supervised parenting time, exchanges through a third person, or no parenting time for a period. Section 34 of the Children's Law Reform Act allows the court to give directions for supervision of decision-making, parenting time, or contact. Section 34(2) says the court shall not assign a supervisor unless that person, children's aid society, or other body has consented to act.
A judge can also be asked to restrain a child's removal from Ontario. That request has its own factual and legal requirements. It is not automatic because the parents disagree.
Children's aid society involvement is a separate process under the Child, Youth and Family Services Act, 2017. It can run at the same time as a parenting case. See child protection and CAS.
If a release order forbids contact with the other parent, or forbids going to the home, a parenting proposal that ignores that order risks a criminal charge. Family court must look at the criminal order. It does not cancel it. Read criminal orders and family court. A family order is not an exception to bail.
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.
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.
Since 1 March 2021, the Divorce Act and the Children's Law Reform Act use decision-making responsibility and parenting time. People still say custody and access. The current statutes use the newer words. Child-protection orders under the Child, Youth and Family Services Act use their own names.
Parenting orders for parents who are not divorcing are made under the Children's Law Reform Act. Once a divorce proceeding is underway, parenting and contact orders are made under the Divorce Act. The best-interests tests were aligned in 2021, including the family-violence factors, but the procedures and some definitions are not identical.
No. Section 16(6) of the Divorce Act and section 24(6) of the Children's Law Reform Act say the court shall give effect to the principle that a child should have as much time with each spouse or parent as is consistent with the best interests of the child. The primary consideration is the child's physical, emotional and psychological safety, security and well-being. Equal time is not the test.
Only in a way that does not breach the criminal condition. A family order does not cancel bail. If the condition forbids contact, or forbids attending at a home, the family order has to work inside that limit unless criminal counsel obtains a change from the criminal court. This firm handles the family-court side only.
Speak with Jared Persaud or Nazish Hussain about your case.
Have a Legal Aid certificate from a shelter? Book the Legal Aid consultation here.