Family Court in Ontario: What Survivors Need to Know (Custody, Access, Support)
If you’ve experienced domestic violence and need help with custody, access, or financial support, Family Court in Ontario can protect you and your children. This guide explains what to expect and how to prepare.
⚖️ Family Court in Ontario: What Survivors Need to Know
(Custody, Access, Support)
If you're a survivor of domestic violence, Family Court may become part of your journey—especially if you share children, finances, or need protection. Ontario’s Family Court system includes special pathways and supports for survivors.
This guide breaks down how Family Court can help you gain custody, limit access, request support, and protect your safety.
👩👧 Custody and Decision-Making
- You can apply for sole custody (now called “decision-making responsibility”)
- The court evaluates:
- History of abuse
- Parenting ability
- Safety of you and your child
- You can also request:
- No contact between the child and abusive parent
- Supervised access only, if limited contact is in the child’s best interest
👀 Parenting Time (Access)
- Family Court prioritizes the child’s safety and emotional well-being
- Survivors can request:
- Supervised visits
- Specific pickup/drop-off arrangements
- A complete suspension of access in high-risk situations
- The judge may require parenting assessments or a Voice of the Child Report
💰 Child Support and Spousal Support
- You can apply for child support regardless of your relationship status
- Courts use federal Child Support Guidelines based on income
- You may also be entitled to spousal support if:
- You were married or in a common-law relationship
- The relationship affected your income or financial independence
- Legal Aid or a Family Law Service Centre can help file these claims
📝 Protective Court Orders You Can Request
- Restraining Order: Prevents contact or proximity to you/your children (use Form 9C)
- Exclusive Possession of the Home: You stay in the family home; abuser must leave
- Motion to Vary (Form 8B): Change a current order if safety risks increase
- Emergency Motion Without Notice: Urgent orders without informing the other party
🛡🛡️ Survivor Safety Measures in Family Court
- You can request:
- Separate waiting rooms or entrances
- Virtual court attendance
- Police escort or court security
- Publication bans or sealing orders
- Speak to duty counsel, a shelter worker, or legal advocate before attending
📄 Court Forms You May Need
- Form 8A – Application (General)
- Form 9C – Restraining Order application
- Form 14 – Fee waiver
- Form 35.1 – Parenting affidavit
- Affidavit of Service (Form 3B) – Proof that legal documents were served
🧠 Emotional Considerations
- Family court can trigger trauma—especially when facing your abuser
- Consider trauma-informed supports like:
- Court prep sessions
- Mental health counselling
- DV-informed legal clinics
- You do not have to go through this alone—legal and emotional help is available
📌 Summary: What Survivors Should Know About Family Court
- ✅ You can request sole custody and limit access
- ✅ Courts consider past abuse when deciding parenting time
- ✅ You may be eligible for child and spousal support
- ✅ Protective orders can help keep you and your children safe
- ✅ Support exists to help you navigate court safely and confidently
📍 Ontario Resources
-
Legal Aid Ontario – 1-800-668-8258
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Luke’s Place – Family law support for women escaping abuse
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Assaulted Women’s Helpline – 1-866-863-0511
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Barbra Schlifer Clinic – Free legal and emotional support
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211 Ontario – Help finding local legal services, shelters, and childcare