Gelman Family Law Lawyers

Over 200+ 5-Star Google Reviews

Book Consult

Discussing Child Access and Safety Planning During Domestic Violence Cases in Ontario

Published: January 17, 2024

Book Consult1-844-736-0200

Table of Contents

Discussing Child Access and Safety Planning During Domestic Violence Cases in Ontario

Safety Planning for Survivors of Domestic Violence

We asked Evan Clemence, family lawyer at Gelman & Associates, some commonly asked questions about safety planning for survivors of domestic violence in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding safety planning for survivors of domestic violence in Ontario, we recommend consulting with an Ontario family lawyer.

If you or someone you know might be in acute danger, call 911 immediately. For non-emergency circumstances, including 24/7 counselling support, there may be other support available through a provincial crisis line and other resources.

For support with a divorce or separation involving domestic abuse, contact us at Gelman & Associates today and book a consultation. Our team prioritizes compassionate, dedicated service, striving to provide each client with tailored support every step of the way.

Planning the Timing and Method of Leaving

No two sets of circumstances are the same, and the context of your relationship is likely to have a profound influence on your ability to safely exit an abusive situation. There may be children involved, for instance, or an offending partner may wield disproportionate power that renders the survivor of domestic abuse financially dependent.

Leaving a partner who has enacted domestic violence is often a tremendously difficult task, and having a comprehensive plan may be of help to a survivor. This may include securing the following steps:

  • Planning a safe time to leave
  • Planning an established escape route to a secure location such as a shelter or the home of a trusted friend or relative
  • Packing a bag with essential items for the moment of relocation. These items may include identification documents, money, medication, and any other important personal belongings
  • Leaving copies important documents with your trusted friend or relative in advance, in case your departure needs to be faster than anticipated
  • Sharing the information of your plan with a trusted friend or relative, if it is safe to do so

Resources are available to provide support to survivors of domestic violence. From mental health counselling to resolutions to emergency shelters, employment opportunities, and more, call the Ontario helpline at 2-1-1 for confidential assistance.

Child Access and Decision-Making Responsibility in Cases of Domestic Violence

Domestic violence can come in many forms, and may involve a combination of physical assault and emotional manipulation. When children are involved, the process of safely separating from an abusing partner can become doubly challenging.

Our Ontario family lawyers may be able to help survivors of domestic abuse protect themselves and their children through the process of leaving their spouse. In some circumstances, it may be possible to enact an emergency child access order allowing you full access to your child, if their other parent poses an immediate risk of danger.

In circumstances beyond immediate emergency measures, you may wish to contact an Ontario family lawyer to discuss your particular situation, and what steps you may be able to take to protect yourself and your children.

Options for Parenting Plans for Survivors of Domestic Abuse

As long as the child’s safety is ensured, there are many different ways a parenting plan might be structured, even within the context of a family that has endured domestic abuse. In some cases, the offending parent might seek restitution, for instance, and provide evidence that they have made strides in improving their behaviour.

Survivors of domestic abuse may wish to consider addressing parenting plans and matters of child support with an eye to what may be in the best interest of the child. If it is safe to do so, this may involve a form of shared access. There may also be options for supervised visitation, which may ensure that the children are safe during any interactions with the offending parent.

Contact Gelman & Associates for a Consultation on Safety Planning for Survivors of Domestic Violence in Ontario

Leaving an abusive partner can be a complicated and potentially dangerous process that may require careful planning. A safety plan may include coordinating with trusted friends or relatives, scheduling the departure, gathering important documents, seeking the support of provincial help lines, and more.

If you would like to learn more, or discuss the specifics of your case involving safety planning in Ontario, contact us at Gelman & Associates and schedule a consultation today. We have offices across Ontario in order to provide our clients with better access to justice.

Disclaimer: For specific legal advice on your family law matter, please consult with a family law lawyer. The content in this article is not intended to act as legal advice and is instead intended to act as a general overview of a legal topic.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - family violence & domestic orders

If the person doesn’t feel comfortable leaving, you can still assist them in developing a safety plan that they can use if the violence occurs again or if they want to escape later. Simply creating a plan can assist them in seeing whatever tasks are required and help them psychologically prepare themselves.

While domestic violence is often linked to physical abuse and violent behavior, emotional abuse can also constitute domestic violance. In fact, domestic violence includes a broad range of abuse, such as physical, sexual, psychological, and verbal.

Physical violence, sexual violence, emotional violence, psychological violence, spiritual violence, cultural violence, verbal abuse, and financial abuse are among the types of violence anyone can experience within a marriage.

Photographs of the scene and injuries, obtaining medical evidence of any injuries, a recording of the emergency response call, and talking to family and friends are all considered essential evidence in a domestic violence case.

A batterer is someone who physically abuses a kid, another person, or a spouse.

Yes, there they can. Domestic violence against males can take many forms, including physical, emotional, verbal, and sexual assault. Men are abused significantly more frequently than you may think in heterosexual and same-sex relationships. It affects males of all ages and occupations, from many cultures and walks of life.

While individuals have the ability to change, they must have a strong desire to change and be devoted to all parts of change in order to do it, and even then, it’s much easier said than done. Only a small fraction of abusers actually change their habits.

It is important not to say anything that makes the victim feel like it is their fault or like they could have stopped it if they had done something differently. Do not downplay their story by telling them that many people in their situation have problems. Do not interrogate them as to why they never left the relationship earlier. Do not ask what they did to provoke the abuser or tell them that there are two sides to a story. Saying these types of things will not help the recovery or escape process. You will most likely only be affirming the abuser’s threats and manipulation tactics.

Locations We Serve

Multiple offices to help serve you better

With numerous offices across Ontario, we make it easier for our clients to have access to our lawyers. Please note that offices marked with an (**) are satellite offices and require a consultation booked in advance. We are not able to accommodate walk-in appointments at these locations. Call us to book a free consultation today.

Still have family law questions?

Speak to a lawyer

If you need legal advice regarding family violence & domestic orders matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

Book Your Consult