Under the current Divorce Act and caselaw regarding the determination of what parenting arrangements are in the children’s best interests, there is no specific requirement to consider family violence.  Courts clearly consider violence that directly involves the children, but when the violence is limited to the parents, the consideration of that violence is less certain.  In changing the Divorce Act to require a consideration of family violence, the Government is recognizing that although the children of the marriage may not be specifically harmed by the violent partner, the impact of being exposed to such violence has a lasting effect on them.

In addressing this issue, the provisions of the amended Divorce Act outlines common indicators of abusive behaviour, including coercive and controlling behaviour.  The amended Divorce Act further outlines distinct criteria to be considered in determining what is in the children’s best interests where family violence is at issue, including the nature, seriousness and frequency of the violence; a pattern of coercive or controlling behaviour; and whether the family violence causes the child or other family member to fear for their own safety or the safety of another. 

If you are experiencing family violence and wish to leave your partner, please reach out to us.  All inquiries are confidential.  We can advise you on the legal issues which may arise and direct you to other resources to assist you in that transition.

For more information and resources regarding McKercher LLP Family Law Saskatchewan visit www.mckercher.ca/familylawsask