Can you still have shared custody if there is domestic violence?

Not according to this recent court case. 

In the case of Theriault v. Ford, 2022 ONSC 3619 (CanLII), the parents were married in 2013 and had two children (9 and 6). They separated in October 2021, when the mother made criminal allegations against the father which resulted in him being criminally charged with assault and released on conditions not to communicate with her. The father entered into a Peace Bond and so the criminal charges were subsequently withdrawn.

In Family Court, the father requested equal parenting time. The mother requested an order that the children reside primarily with her.

The judge considered what the status quo was when the family was together. Both contended that they were primarily responsible for parenting the children. The judge concluded that both parents held a strong bond with the children and were capable of providing them with stability. 

As for the history of domestic violence, the judge set out appropriate boundaries in an order and so there was otherwise were no reason why the children’s best interests could not be served by having maximum parenting with each parent.

The father’s motion was granted, and the mother’s motion was dismissed.

#sharedcustody #jointcustody #sharedparenting

LINK: https://www.canlii.org/en/on/onsc/doc/2022/2022onsc3619/2022onsc3619.html