How Family Violence Affects Parenting Orders in Alberta

By Noori Sidhu, Family Lawyer at Cambria Law (Edmonton)
Published: Friday, December 26, 2026

Introduction

When families separate, courts in Alberta make parenting decisions based on one principle above all others: the best interests of the child. But when there are concerns about family violence — physical, emotional, or psychological — that assessment becomes far more complex.

Family violence doesn’t only include physical harm. It can involve threats, intimidation, financial control, or exposing children to conflict and fear. Alberta law requires judges to consider these factors carefully when determining parenting time and decision-making responsibility.

For parents in Edmonton navigating separation or divorce, understanding how family violence impacts parenting orders can help protect your safety — and your children’s well-being.

How Alberta Law Defines Family Violence

Under the Family Law Act (s. 1(1)(f)) and the Divorce Act (s. 2(1)), family violence includes a wide range of behaviours that cause fear, harm, or emotional distress within a family relationship.

Examples include:

• Physical abuse or threats of violence.
• Emotional or psychological abuse (insults, humiliation, isolation).
• Sexual abuse or coercion.
• Financial control or restricting access to money.
• Damaging property or harming pets.
• Exposing children to violence between adults.

The Protection Against Family Violence Act (PAFVA) also provides legal tools to help victims obtain emergency protection orders (EPOs) or restraining orders when immediate safety is at risk.

The Court’s Primary Duty: Protecting Children

Both the Divorce Act (federal) and the Family Law Act (provincial) now explicitly require courts to consider the impact of family violence when making or changing parenting orders.

Judges must examine:

• The nature, seriousness, and frequency of the violence.
• Whether the child was directly exposed to or affected by it.
• The risk of harm to the child or the other parent.
• Any pattern of coercive or controlling behaviour.
• Whether the abusive parent has taken responsibility or sought treatment.

The guiding question is not whether both parents “deserve” time with the child — it’s whether such contact is safe and beneficial for the child’s development.

Impact on Parenting Time and Decision-Making Responsibility

When evidence of family violence exists, Alberta courts can tailor parenting orders to prioritize safety. Depending on the circumstances, this may include:

• Supervised parenting time — visits take place under professional or third-party supervision.
• Restrictive conditions — such as no overnight visits or no unsupervised exchanges.
• Neutral exchange locations — like police stations or supervised visitation centres.
• Protective clauses — prohibiting negative talk about the other parent or exposure to conflict.
• No-contact orders — in extreme cases where contact would endanger the child or the other parent.

Courts can also allocate decision-making responsibility (formerly custody) solely to one parent when violence makes cooperation unsafe or impractical.

Evidence the Court Considers

Proving family violence doesn’t always require criminal charges or convictions. Alberta courts look at the broader context and may consider:

• Police reports or peace officer notes.
• Medical or counselling records.
• Text messages, emails, or recordings showing threats or control.
• Testimony from witnesses, neighbours, or teachers.
• Protection orders or emergency orders under the PAFVA.

Judges are trained to assess credibility and patterns of behaviour — not just isolated incidents.

Parenting Assessments and Professional Reports

In cases involving family violence, courts may order Parenting Assessments or Voice of the Child Reports to better understand family dynamics.

• A parenting assessment (often conducted by a psychologist or social worker) examines each parent’s relationship with the child, history of conflict, and ability to meet the child’s needs safely.
• A Voice of the Child Report gives children a chance to express their experiences and preferences in a protected, age-appropriate way.

These reports can heavily influence parenting orders — especially where safety concerns are raised.

Emergency Protection and Interim Orders

When violence occurs or escalates during separation, victims can apply for immediate protection under the Protection Against Family Violence Act.

Options include:

• Emergency Protection Orders (EPOs) — available 24/7 through police or Justices of the Peace.
• Queen’s Bench Protection Orders — longer-term protections after a full hearing.
• Exclusive possession orders — granting one spouse the right to remain in the home.

These orders can temporarily restrict contact, remove the abuser from the home, and safeguard children until longer-term parenting arrangements are decided.

Rehabilitation and Future Contact

In some cases, courts may encourage or require an abusive parent to complete counselling, anger management, or parenting programs before considering expanded parenting time.

The focus is always on the child’s safety and emotional stability — not on punishing the parent. Successful rehabilitation can, in time, lead to gradual increases in contact where appropriate and safe.

However, if a parent continues to deny responsibility or refuses treatment, the court may restrict contact indefinitely.

Case Example: Assessing Risk

In A.M. v. C.M., 2023 ABKB 211, the Alberta court found that the father’s controlling behaviour and emotional abuse posed a serious risk to both the mother and child. Although no criminal charges were laid, the judge ruled that the pattern of intimidation and fear justified limiting the father’s parenting time to supervised visits only.

The decision illustrates that family violence need not involve physical injury for the court to intervene — emotional and psychological abuse can be just as damaging.

Co-Parenting in High-Conflict or Violent Situations

For parents emerging from abusive relationships, co-parenting may not be realistic or safe. In such cases, courts often prefer a parallel parenting model — minimizing direct communication and allowing each parent to make independent decisions during their respective parenting time.

Technology-based communication tools (like OurFamilyWizard or CoParenter) are sometimes used to monitor and manage contact safely.

Conclusion

Family violence fundamentally changes how Alberta courts view parenting arrangements. The focus shifts from shared parenting ideals to one overriding priority: protecting children from harm.

Even when physical violence isn’t present, emotional control or intimidation can have lifelong effects. Courts, lawyers, and professionals now take a proactive, trauma-informed approach — ensuring children grow up in stable, secure environments.

If you’re separating and have concerns about safety or family violence, it’s important to seek both legal advice and support services as early as possible. Protection, fairness, and stability go hand in hand in Alberta family law.

Cambria Law | Family Law in Edmonton

At Cambria Law, we help parents navigate complex family dynamics where safety is a concern. Our team assists with parenting orders, protection orders, and legal strategies that prioritize the well-being of children.

Contact us to discuss your situation confidentially and understand your legal options.