04-09-2020, 04:29 PM
What if there has been serious fighting in my house? My child’s other parent still wants to see him or her, but it feels dangerous to me.
When there has been abuse or violence in your house, either physical or emotional, this changes how you should go about making Parenting Plans. It is not in children’s best interests to follow a plan in which one parent or the children themselves do not feel safe. If you’re alleging that your spouse or ex-partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbours, family friends, health care providers, and others who’ve witnessed abusive acts may testify during a custody hearing.
Additionally, medical records from your child's therapists and doctors are often used at a trial. Evidence that your spouse has a history domestic violence against you, or the child's siblings is also relevant. In cases where a parent has a history of domestic abuse or one parent suspects the other parent may be placing the child in an environment where there is a danger of abuse, court intervention is likely required for the protection of the child. While it is of utmost importance for a parent to protect his or her child, child abuse allegations are taken very seriously by the courts and are not to be made lightly.
The court may choose to:
• Revoke the accused parent's visitation rights, temporarily or long-term
• Order supervised visitation
• Revise the accused parent's existing visitation order (for example, by revoking overnight visits)
• Order parenting classes or anger management classes
• Order the accused parent to participate in domestic violence counselling
• Issue a restraining order or order of protection or make any order the court deems fit.
If this is happening, you should insist that you involve a professional counsellor, mediator with experience in high conflict divorce and violence, or lawyer before agreeing to any plan or change in plans.
When there has been abuse or violence in your house, either physical or emotional, this changes how you should go about making Parenting Plans. It is not in children’s best interests to follow a plan in which one parent or the children themselves do not feel safe. If you’re alleging that your spouse or ex-partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbours, family friends, health care providers, and others who’ve witnessed abusive acts may testify during a custody hearing.
Additionally, medical records from your child's therapists and doctors are often used at a trial. Evidence that your spouse has a history domestic violence against you, or the child's siblings is also relevant. In cases where a parent has a history of domestic abuse or one parent suspects the other parent may be placing the child in an environment where there is a danger of abuse, court intervention is likely required for the protection of the child. While it is of utmost importance for a parent to protect his or her child, child abuse allegations are taken very seriously by the courts and are not to be made lightly.
The court may choose to:
• Revoke the accused parent's visitation rights, temporarily or long-term
• Order supervised visitation
• Revise the accused parent's existing visitation order (for example, by revoking overnight visits)
• Order parenting classes or anger management classes
• Order the accused parent to participate in domestic violence counselling
• Issue a restraining order or order of protection or make any order the court deems fit.
If this is happening, you should insist that you involve a professional counsellor, mediator with experience in high conflict divorce and violence, or lawyer before agreeing to any plan or change in plans.