Safety

Safety concerns can significantly affect parenting arrangements. Courts take allegations of risk to a child seriously and will act quickly when there is evidence of genuine danger. Safety concerns that courts consider include: family violence (physical, emotional, psychological, financial, or sexual); substance abuse; untreated mental health issues that affect parenting capacity; neglect; exposure to dangerous people or situations; and a parent's history of criminal behaviour. The court's response will depend on the nature and severity of the concern — from conditions on parenting time to supervised parenting time to no contact.

Supervised parenting time is an arrangement where a parent's time with the child takes place in the presence of a third party — a family member, a professional supervisor, or at a supervised access centre. It is ordered when there is a concern about the child's safety during unsupervised time, but the court still wants to preserve the parent-child relationship. Supervision can be provided by a trusted family member, a professional supervisor hired by the parties, or a publicly funded supervised access centre. Supervised parenting time is usually intended to be temporary — the goal is often to address the underlying concern and move toward unsupervised time.

Courts can attach conditions to parenting time to address specific safety concerns. Common conditions include: no alcohol or drug use during parenting time or within a specified period before; completion of a parenting course or anger management program; no overnight guests of a romantic nature; no contact between the child and a specific person; drug or alcohol testing; and regular check-ins with a social worker. Conditions must be specific, measurable, and proportionate to the concern. If the other parent is not complying with conditions, document the breaches and bring a motion for enforcement.

If you believe a child is being abused or neglected, you have a legal obligation in every province to report your concerns to child protection services (CAS, MCFD, or the equivalent in your province). This obligation applies to everyone — not just professionals. You do not need to be certain — a reasonable suspicion is enough. Child protection services will investigate and take action if necessary. Reporting to child protection services is separate from family court proceedings, though the two processes can interact. Do not use child protection services as a tactical weapon in a custody dispute — false reports are taken seriously.

If a child is in immediate danger, you can apply for an emergency protection order (EPO) or a without-notice motion in family court. An EPO can be obtained quickly — sometimes the same day — and can restrict or suspend the other parent's parenting time, require the child to be returned to your care, or prohibit the other parent from contacting you or the child. Emergency orders are temporary — the other parent will have an opportunity to respond at a follow-up hearing. Courts take emergency applications seriously and expect genuine urgency. Document your concerns carefully before applying.

Courts are alert to situations where safety allegations are made not out of genuine concern for the child but as a tactic in a parenting dispute. Making false allegations of abuse or neglect is a serious matter — it can result in costs awards, a change in the parenting arrangement, and in extreme cases, criminal charges. Courts also recognize parental alienation — where one parent systematically undermines the child's relationship with the other parent — as harmful to children. If you have genuine safety concerns, document them carefully and present them honestly. If you believe the other parent is making false allegations, gather evidence and present it calmly and factually.